The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-12
A PRINCIPLE NOT TO BE SUR
RENDERED.

On Tuesday last the people Of New
York voted upon the following proposed
amendment to the constitution Of their
State:
THE election. return ana qualifications
| Of any member of either house OF the
| Legislature when disputed or contested.
shall be determined by the courts in such
manner as the Legislature shall pre-
| scribe; and such determination when
made shall be conclusive upon the Legs
| lature."
Whether this amendment was adopted
or rejected we have not yet seen. We
hope that It was rejected.
The Constitution Of the United States
contains a proviso making each house the
judge Of the election, qualifications and
returns Of its own members, and, until
Tuesday. we believed the Constitution of
each State in the Union contained SINH
lar provision. We took 1t in this country
from a time honored principle in the par
liamentary law Of the House of Commons
of England, and it was principle for
which the Commons had contended most
strenuously with their sovereigns, ard
had finally extorted from them after many
hard fights.
In very early times the wrts for elect
Ing members of the House of Commons
had issued out of the Lord Chancellor's
court, and the return on the writs was
therefore made to the Lord Chancellor
who accordingly passed on and deter
mined all questions relating to the cleo
ton Of the member. The Lord Chancellor
was the kings appointee, and removable
at the will Of the sovereign. This process
came near, then, to making the king mas
ter Of who should and who should not
be a member of the House. Prior to
Queen Elizabeths reign there had been
some grumbling in the House over this
matter, but in the reign Of that sovereign
the Commons took positive stand in re-
spect to it. Hallam tells us Cont. Hist,
chapter W that
Nothing further appears on the record
till in 1886 the House appointed a commit
tee TO examine the state and circum-
stances of the returns for the county Of
Norfolk. The fact was that the Chan
cellor had Issued a second writ for this
county on the ground of some irregularity
In the first returns, and different person
had been elected. Some notice having been
taken Of this matter in the Commons, the
speaker received orders to signify to
them Her Majestys displeasure that the
House had been troubled with a thing
impertinent for them 10 deal with. and only
belonging TO the charge and Office of the
Lord Chancellor, whom she had appointed
to confer with the judges about the re-
turns for the county OF Norfolk, and to
act therein according to justice and right
The House in spite of this peremptory
inhibition, proceeded to nominate a COM
mittee to examine into and report the
circumstances of these returns, who re-
ported the whole case. with their opinion
that those elected on the first writ should
take their seats, declaring further that
they understood the Chancellor and some
OF the judges TO be of the SANE opinion.
but that they had not thought II proper
10 inquire Of the Chancellor what he had
done. because they thought it prajudiciaI
to the privilege Of the House to have the |
same determined by others than such as
were members thereof; and though they
thought very reverontly Of the said Lord |
Chancellor aud judges. and knew them to
~ NDiiPclVHN JuN5tS III tIcll places, yet /
In this case they took them not for judges /
In Parliament in this House, and there |
upon required that the members. If ii were |
so thought good. might take their oaths I,
ana be allowed by force OF the first writ |
as allowed by the consent of this House, /
and not as allowed by the said Lord /
chancellor and judges which was agreed |
10 oy the whole House"
Queen Elizabeth was wise and prudent |
sovereign, who paid great respect to the
teeth OF the Commons whenever that body
showed them. She accordingly dropped
this controversy. and nothing more was
heard OF 1t during her reign. Her sue
oessor' James the First, was imprudent
enough to renew II, but he soon got
enough OF 1t and abandoned the contest.
NO sovereign since has ever questioned
the right Of the House Of Commons TO
pass on all questions affecting the right
OF any person to sit as a member OF the
house, and that body cherishes this prin-
clpie IN It's constitution above all others.
IN recent years IT has agreed TO an act OF
farlament providing for the trial Of all
contested election cases In the courts. but
L holds on tenaciously to the old prin-
'ipie' and still insists on the right 20 re-
view Whatever conclusion the court may
arrive at. II rids Itself Of the tediousne.s
u JUDICIAL Investigations. but retains un-