Year: 1866

Our readers are aware that the rights
and privileges of our two houses OF Con
gress are based upon those that Pertained
to the English Parliament at the time OF
the Revolution. As the course OF Con
gress in refusing to admit the Southern
mem bers has created considerable discus
sion, we propose to give the facts which
induced the English Commons to assert
the first time this right to judge OF the
qualifications of its members. 1t was
during the first session Of the first Parlla- /
meut convened by King james l.. In
his proclamation ordering the election OF
the members he used these words, eve |
do command that no bankrupts or out |
laws be chosen, but men Of known good /
behavior and sufficient livelihood. All |
returns are to be filed in chancery and If |
any are found contrary to this procla-
nation the same to be rejected as unlaw-
full and insufficient, and the place to be
fined for making it and any one elected
contrary to the purport, effect and true
meaning of this proclamation, to be fined
and imprisoned" The historian says,
"such an assumption of control over par
liamentary elections was glaring IN
fringemcnt of those privileges which the
house of commons had been pretty stead
lily and successfully asserting during the
late reign. At the election for the county
Of Buckingham, Sir Francis Goodwin
had been chosen in preference to Sir
John Fortescue, privy counsellor, and
the writ returned into chancery. Good
win having been some years ago outlaw
ed, the return was sent back to the sher-
if, as contrary to the late proclamation;
and, on a second election, Sir John For
tescue was chosen" This gave rise to
the first struggle with the King. The
matter was brought up before the house,
and, after hearing the whole case, sit was
resolved that Goodwin was lawfully cleo
ted and returned, and ought to be receiv-
ed. The lords then requested that the
subject might be discussed in confer
ence between the t,cO houses, before any
other matter should be proceeded in.
The commons replied, that they conceiv-
ed it not according to the honor of the
house to give account of any of their pro-
ceedings. The lords said that having
acquainted his Majesty with the subject,
he desired the two houses to confer upon
it. Then the commons sent deputa:
ton to see his majority. The King in
sisted that the house should not meddlt
with returns which could only be correct
eddy the Court of Chancery," and order
ed the house to confer with the Judges
This they refused to do-giving to thu
King their reasons. The King sen
privately for the Speaker, and again di
rected the House to confer with thu
Judges. This threw the Commons int
a blaze of excitement, and one membe
characterized it in this strain: "Th
Princes command is like a thunderbolt
his command upon ourallegiance like til
roaring of lion. To his command ther
is no contradiction but how or in wha
manner We should proceed to perform
obedience, that will be the question.
Finally the Judges were consulted in tn
presence of the King and Council, an
the King proposing to set aside the elee
ton of both men and issue a new writ c
election, the House gladly accepted it a
a compromise. This struggle Taste
three weeks and the Commons have bee
considered as victorious, as no attemI
was ever afterwards mede to dispute the
exclusive jurisdiction. And in their f
nous protestation published some tin
after this they declare, That the Hous
of Commons is the sole judge of return
of all such writs and the election of 8
such members as belong to it, witho
which the freedom of election were n



entire. Compare the object of the Coz
mons when this struggle began. with Il
object the United States Congress has


view in carrying out its present polio
This struggle nearly three hundred yea
ago was to preserve the privileges OF t
lower house and to uphold the rights


the people against despotic monar'
The object now, is to prostitute the pr
ileges this struggle perpetuated' by
frauding the Southern people of the rig


guaranteed by the Constitution. Su
ly, what was thus accomplished under


monarchieal government ought not to


under Republican Government