The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-03-30

committee. because ho spoke against the
body of the bill." In other words, a
speech against a measure disqualified tho
learned member, 80 that, according to
the expressive words, hs was "exempted
out of the committee"
Mr.. Sumner cited several cases to show
that ''those against the bill should be
no committeo." In referring to bill
affecting the city of Lnu,lou, which
came up November ] l, l6OI. tlla uues.
tion WAS if tho members Of London
known to bo against the bill conld be of
tue committee; and when tho Speaker
put the vote, lie suid: "All that will have
nun that bat, been against the body
OF tho bill to be committee, lot them
show their Opinions by saying Yea"
and no QUO said "Yen'' ..Ali that will
not, say Mo-" ana ull snid '.No" Par
liamentary lsw up to the creation OF
'mmlttoes always seeks those who caro-
for the inquiry. aud believe that there is
occasion for it. Que against the iuoui-
ry, or believing that there il NO occasion
for it, is repudiated by the rule, 80 JUS,
aId benign. and also 40 valuable with
years. Mr.. Jefferson adds other words
to his own: 'And when any member
who in against tho bill hears himself
named of Its committee, he ought to ask
to be excused" This is the langnage of
your manual declaring tie duty Of a
member who hears himself nnmed of ~
committee on bill he is ngniurt. o.
course. the general rule is applicahle TO
ANY other matter referred to a commit.
tee. Auy one disposed to neglect these
rules will find warning frum Mr.. JEFF.
terson. In bis opening chapter, he
quotes these words from the fumous
Speaker OuslO%: Tint these forms. as
inst!tnted by our ancestors, operated rs
check aDd control on the nctiOus of the
majority. aud that they were i'll many
instances IL shelter and IL protection to
the minority against the attempts Of
power. Mr.. j, ffeison follows this QUO.
tltlon by declaring the forms and rules
of proceedings to be the only weapons
NY which the minority can def nd tllem-
selves, and by which tho wenkur party
can be protected frum those irrrgnlari-
ties and abuses which the forms were
intonded 10 check, nud which the wan
tonness OF power is but too often apt TO
sueg's. TO large md successful maiori-
Ties. This Is the parliamentary rule
which forblds person nnfri.ndly to the
business Cf the com mmittte from serving
on tho committee; one Of those inhibi.
ions by which The public business is
promoted, and especially by which the
minority is shielded against the wanton-
ness Of power.
The Congressional Globe makes il easy
to apply what has been said to several OF
this committee, unless the law. ns illus
trated by ancient cases, aud adopted by
air. JtfferaoD, is entirely neplccted.
Unless the rule 60 frequently enumerated
Is set at de6anca or treated ns a shnm.
thero are ut loast three serving on the
committee in violation of parliamentary
law. In undertaking to serve they were
undoubtedly oblivious to the time
honored requirement., or did not appre-
ciate its stringenoy. Not Only every
Senator, but the whole country, has M
imtneaSurablo interest in the preserya-
ton of those rules by which " hat AIr.
Jtfferaon justly calls ''the wAnionuess Of
power" is restrained. and minoritle are
protected against majorites. Any shock
to them. ns in the present cnse, becomes
IL precedent by which liberty and Justice
suffer. AS a Senator, appearing before
this committee. deem it my duty to
file this protest. in the sincere hope that
whatever may be the result Of tho pre-
sent inquiry, tho open violation Of par
liamen,ary law in The formation aud cou.
ssltntion Uf the committee will not be
permitted to become precedent here
after. When law is Bacri feed individu-
uls mny. for moment, triumph but it
Is at the loss Of IL great saftgnnrd for the
good of all. CHARLES SUMNER.
DR.. Lieber. writing to the Census Bu =.
rean, says some things worth remember.
ing about very common error:
''Let me hopo that this barburism will
not pass over into tho census. One of
my earliest and bcst-romemberel teach
ers used to call tLe luutolo,es into
which We boys occasionally stumbled
bacon fried i'll lard;' but. frankly, re-
meinbar none so rcpulsivc az the native
born citizen. 1t is nov, I am sorry to
say, universally used by tho Law, or
rather by the lawyers; but the express.
sion Is new and must bc cradica,ed. Ma
tive citizens or population is NIL that
need be snid. Voluminous, heavy lau-
gnHEo. obscuring by its own verbosity,
~ anything but sign of culture. and
ought to bo csc!iewed in law moro than
IN any other branch. 'Fractnre. broken