And our great authority declares that this is “a constant rule.”[36]

Such is Parliamentary Law; and Mr. Jefferson has answered in advance

the possible objection, that this is English and not American. After

saying, in his preface to the “Manual,” that the Senate has given to

these rules “the sanction of their approbation,” he announces “the

law of proceedings in the Senate as composed of the precepts of the

Constitution, the regulations of the Senate, and, where these are

silent, of _the rules of Parliament_.” Such, according to him, is

the law of our proceedings. The “Manual” which he presents he hopes

others may fill up, “_till a code of rules_ shall be formed for the

use of the Senate, the effects of which may be accuracy in business,

economy of time, order, uniformity, and impartiality.” The last word is

“_impartiality_,” which, doubtless, is a main object to be secured.

Any one disposed to neglect these rules will find a warning from Mr.

Jefferson. In his opening chapter he quotes these words from the famous

Speaker Onslow:--

“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_.”

Mr. Jefferson follows this quotation by declaring “the forms and rules

of proceeding” to be “the only weapons by which the minority can defend

themselves,” and by which “the weaker party can 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.”

Thus is the parliamentary rule which forbids a person unfriendly to the

business of the committee, whatever it may be, whether bill or inquiry,

from serving on the committee, one of those inhibitions by which public

business is promoted, by which impartiality is secured, and especially

by which a minority is shielded against the wantonness of power.

“The Congressional Globe” makes it easy to apply what has been said to

several of this Committee. Unless the law, as illustrated by ancient

cases, and adopted by Mr. Jefferson, is entirely neglected, unless

the rule so frequently enunciated is set at defiance or treated as a

sham, there are at least three serving on the Committee in violation

of Parliamentary Law. In undertaking to serve, they were undoubtedly

oblivious of the time-honored requirement, or did not appreciate its

stringency.

Not only every Senator, but the whole country has an immeasurable

interest in the preservation of those rules by which what Mr. Jefferson

justly calls “the wantonness of power” is restrained, and minorities

are protected against majorities. Any shock to them, as in the present

case, becomes a precedent by which liberty and justice suffer. As a

Senator appearing before this Committee at their request, I deem it my

duty to file this Protest, in the sincere hope, that, whatever may be

the result of the present inquiry, the open violation of Parliamentary

Law in the formation and constitution of the Committee will not be

permitted to become a precedent hereafter. When law is sacrificed,

individuals may for a moment seem to triumph, but it is at the cost of

a great safeguard for the good of all.

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