The gavel and the mace; or, Parliamentary law in easy chapters

Front matter

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Contents

Chapter Page

I. Introductory : Of Meetings . . , .11

II. How Meetings Get Under Way . . .15

Chapter I

introductory: of meetings

started— like a guilty thing.

—HAMLET.

MAN is a gregarious animal. This much is settled. Man himself admits it. Herbert Spencer has not denied it. Indeed, at this late day to shut our eyes to the fact would be simply futile. It is perhaps not too much to go farther and declare that no animal, when we strike an average right through the year, makes a more gregarious showing than man. * Examine man in the state of development now reached by him, and you will discover a propensity, not to say a mania, on his part, for huddling together his fellow-men, and presiding over them. It will be seen, moreover, that this propensity knows no abatement, no postponement on account of the weather. You shall find him ever ready, at a moment's notice, to lay aside business and borrow the use of the nearest telephone, in order to drum up neighbors and acquaintances, and lay them under promise to attend " the meeting."

A nthropological

Congenial talk

Seems possessea

* He likes it. The prospect of a gathering animates his spirit. The stir and bustle of a caucus suits him. In his eyes the post of delegate wears a halo of fascination. He spies out happiness in being named to serve upon a committee ; while it is joy outright to him to be elected to some office, or other, even though it carry with it not a cent of salary. To hear himself mentioned in a list of possible candidates is to experience a glow of pleasure. Going home he imparts to his wife as a profound secret that they are talking of him for the nomination. He smiles upon his offspring more benignly. The outlook keeps him for a while in the best of humor. Soothes him.

* This same individual, when a boy at school, was never once suspected of endangering a blood-vessel in his efiforts to stand at the head of the class. But now that he has attained man's estate, he wants to stand at the head of a delegation ; to stand up somewhere and respectfully address the chair ; or, at the very least, to be toward the front where somebody else is doing it. He yearns to be identified with what is going on at the meeting, even if it be nothing more than to pass the hat.

* A deep-seated craving in man, I repeat, is to get the floor, to get himself appointed on a committee; or, at any rate, to have his name put up so as to be voted upon in

Introductory : Of Meetings some lodge, club, or society. He feels uncomfortable until he has tried a hand at making a motion, acting as teller, or performing some similar part, by way of asserting his manhood in the presence of his fellows.

* These longings, to be sure, are in some instances gratified with a very simple service. There are aspirants whose careers have closed at an early stage of public performance, with entire satisfaction to themselves. I have heard of an old gentleman who, in his younger days, had upon one occasion made a motion to adjourn, in the House of Representatives of the Commonwealth of Massachusetts. He never forgot that day. His memory clung to it. Hail ing, I believe, from one of those amphibi ous localities down on the Cape, his occu pation was to follow the sea. Summer visitors in later years would report that when the discourse chanced to turn upon handling a vessel, Captain A. was modesty itself ; but it was his wont to steer the con versation into a channel that would permit him to allude in bluff and hearty tones to that memorable date when, by adjourning a session of the General Court, he, so to speak, brought to anchor the ship of State.

* In view of the drift that human nature invariably takes, are we not justified in the assertion that the earth moves, and that man seconds the motion?

* Citizens of the United States of America, among sundry guaranteed blessings have a constitutional right ^ to assemble peaceably when and where they like, of course being liable at the common law for rent of the hall.

1 Articles in addition to, and amendments of, the Constitution of the United States of America : Article I : Washington, Government Printing Office.

I

Chapter II How Meetings Get Under Way

/ -would by and by have so7ne speech with you.

—MEASURE FOR MEASURE.

WE shall assume that certain definitions had best be laid down once for all, so that we can have a distinct idea of what it is that we are talking about. Such was Daniel Webster's custom, after he had been tossed about for many days without an observation in thick weather, sir, upon an unknown sea. At least, Mr. Webster is reported as having remarked as much to Colonel Robert Y. Hayne, of South Carolina, in 1830, while interchanging views with that distinguished gentleman, in the Senate of the United States, in regard to the best method of carrying on the government. * To begin with, then, a public meeting may be defined as an assemblage of people brought together for the purpose of getting at an opinion upon a subject of local or of general concern, and of taking action thereon. Ostensibly a meeting deHberates. As a matter of fact, one or more managers are good enough to take in advance the burden of deliberation upon their shoulders ; so that all that is left ordinarily for a meeting to do is, to ratify their con- 15

What a ■meeting is

Place atix dames

Lots qf'ej

''Mr.

Moderator"

elusions. Especially is this true of a convention called to nominate candidates for political office. The labor of determining what particular man the office shall seek has come to be known as " fixing the slate."

In earlier and more degenerate days the duty of going to public meetings and listening to speeches was left, like other hardships, to the men. But an era of reform has wrought its changes. No longer does lovely woman shrink from gracing the scene of public assemblies with her millinery and her radiant presence. She is to be seen on the platform and her voice, sometimes mingled with that of others, is heard carrying forward the discussion.

* Of meetings there are divers kinds. They can, however, be conveniently divided into two great classes, those where a collection is taken up ; and those where it is dispensed with. Upon the whole, the latter I should say hits the popular taste.

* The town meeting (an institution warmly praised by writers who never go to one), will have a variety of topics under discussion ; such as, for instance, shall the town vote to repair the bridge? Or, how many feet of new hose ought to be purchased? and the like. Each question in turn requires a certain amount of talk from the more fluent among the assembled voters and taxpayers.

p

How Meetings Get Under Way 17

* An indignation meeting is a gathering where people grow furious, and scold collectively, instead of its being left to the local editor, or to each individual, to boil his own pot of wrath.

* A rally may be defined as a conglomeration of men and boys, brought together upon the eve of election, for the purpose of having their enthusiasm fired up by a stump speaker, who gets purple in the face while demonstrating how " our side " is going to save the country, in spite of the machinations of an unscrupulous opposition, provided only that we succeed in getting out a full vote. At a rally, noise figures largely as an element, alike on the rostrum and on the floor.

* Before a meeting can proceed to transact business it must have an organization ; and, as a first step in this direction, it has to be called to order.

* The hour named draws nigh. The hall is getting pretty well filled. Men, old and young, from varied walks of life have responded to the summons. They elbow their way to the front, or stand in animated groups here and there. Anon we may detect three or four small boys creeping along, and suppressing with a fine sense of propriety their tendency to giggle. They steal furtive glances around, intent on giving a wide berth to the solitary policeman on duty. Near the platform a knot of

Outra.

geous"

Vote early/

Begins

Come one— come all!

gentlemen

In embryo lookers-on are exchanging words. One of the number ostentatiously consults his watch.

* More people stream in, and early comers have begun to wonder why their punctuality has not been rewarded by having the meeting opened. At this point, there enters a stoutly built gentleman, plainly excited at the thought that he may be late, and much astonished to find that he is not. Taking off his hat, and nodding to an acquaintance, he lets himself become calmer, and then pressing forward settles down into a prominent seat in front. A buzz travels around, a sure sign that something is about to happen. The stir increases. , The expectant throng, it is plain to see, are in a state of ferment.

* At last there steps upon the platform briskly, as if not a second should be lost, a man evidently well known, who coming forward, hat in hand, presents a general aspect of having in his possession facts that he would be pleased to communicate. A lull ensues ; at least it should ensue.

* He raps on the table, — this gentleman does, as a signal for quiet, as well as a hint that hats had best come off. Then he stands still for a moment, to watch the effect.

* The raps executed on these occasions are usually moderate in tone ; but once in a while there appears an individual who does

How Meetings Get Under Way 19

his rapping after a fashion that startles. Here is a somebody who means business. Mark him ! He has a career in prospect. If not already a leader in the community he is bound, if he Hves, to become one. Of such stuff is local greatness made.

* Waiting till the ripples of excitement have died away, our pioneer friend delivers himself of an announcement, as follows : * " The hour having arrived for which this meeting has been called, gentlemen will please be seated, and come to order." If unable to check himself, it would be tolerated, I suppose, were he to add half a dozen more words in the same general line of observation ; but the law says that a brief formula, substantially as here given, will answer. It has in fact answered for a great many years.

* What would happen, should any one. Query upon this reasonable request, neglect or refuse to come to order, the books do not tell us. In newly settled regions, where a chairman in accepting the honors of the position lays his six-shooter in plain sight upon the table, as emblematic of official authority, the course likely to be pursued may easily be imagined. To the credit of mankind, it is to be observed, the unvaried custom has always been to seat one's self and come to order. Indeed the principle may be laid down as admitting of no exception, that after a meeting shall have fl been called to order, it is unparliamentary for one to keep on making a noise, unless he furnish the noise in the shape of a speech.

Chapter III More About Meetings

Here we will sit.

—MERCHANT OF VENICE.

THE first and indeed the only duty of the temporary occupant of the chair, — for this gentleman occupies the chair in contemplation of law, though you never see him actually sitting in it, — is to have the proper steps taken to determine who the officers of the meeting shall be. The recipients of this distinction have already been agreed upon, and the time-honored method is for a committee of nomination to be appointed by the chair, upon a motion and vote to that effect. The committee do the perfunctory work with due gravity. They retire and soon re-enter with a list of the names of those whom it would seem they have selected for the coveted positions. The names are read aloud, and being put to the question the entire number is, as a rule, voted in without a dissenting voice.^

1 It is characteristic of men thus brought together that they are disposed at the first send-off to be docile and tractable. They accept what is offered. Nevertheless the editor who has poUtical virtue in his keeping still continues to warn his subscribers against the wickedness of "the machine." Thus far, however, _" the machine " shows no signs of going out of fashion. Sometimes I wonder what we had better do about it.

Knowledge -Js power

IVhy is it ?

* It is desirable that the gentleman chosen to act as chairman of the meeting should know how to preside. Should he prove deficient in this respect, he is likely to have an uncomfortable time of it; and what is more he will succeed in making everybody else uncomfortable. Not that a presiding officer must necessarily be steeped in the learning of the law parliamentary ; but he ought to be on easy terms with at least the rudiments.

* Where the occasion is of a formal character, custom lays hold upon it to lift into distinction above their fellows other personages than the honorable chairman. There is a background to be filled ; and the spectator is favored with an imposing view of a picked number of gentlemen stowed away upon the platform, in solid phalanx, serenely important and ponderously pleased. These worthies are styled vice-presidents.

* I am not aware that a specialist has ever applied himself to investigate into the why and wherefore of the vice-presidents. We are accustomed to take it for granted that they are an institution that comes along with a free government ; and therefore that a row of vice-presidents is essential to the carrying forward of proceedings in a meeting of the people. They remain a good deal of a mystery ; but there is no denying the fact that they constitute a system that

More About Meetings has been firmly built in and rivetted to the fabric of our civilization.

* The reader, however, must not be left to conjecture that every one upon the list of vice-presidents is put there merely as an ornamental appendage. Such is not the fact. An emergency may arise when the presiding officer can continue no longer to perform the duties of that office. Perhaps he has been intrusted with the door key under a promise not to miss the last train. He lives in the suburbs. There are families who do. At such a juncture the chairman beckons to the first vice-president, and withdraws quietly. The first vice-president takes the chair, with the appearance of a man coming into possession of his own. The countenance of the next vice-president brightens a little, while the business of the meeting goes ahead without perceptible jar.

* Men no sooner organize themselves into a public meeting than the idea seizes them that the world outside is waiting to hear from them, through the medium of a set of resolutions. Accordingly a committee retires to prepare a preamble and the verbiage that usually follows it. The meeting is conscious of a lonesome feeling, while they are gone.

* Soon, however, these gentlemen solemnly file back again, bringing in as a result of their deliberation a paper aglow with senti-

Ofuse ments that find vent, as likely as not, in sonorous phrase. It is so easy to resolve. The louder the resolutions ring, the better the meeting likes it; whether in terms of compliment or of denunciation, it is all one. The resolutions are spoken to ; and then passed.

* Resolutions invariably provide that a copy shall be transmitted somewhere, for resolutions untransmitted are as harmless as heat lightning. The office of authenticating the copy, and seeing that it is sent off as directed, falls to the lot of the secretary. This officer records the action of the meeting. What becomes of the record after he has prepared it, nobody seems to know.

CHAPTER IV A legislature: how composed

Let not, however, the ingenuous youth imagine, etc. —MR. JUSTICE STORY, in his Equity Jurisprudence, Section 1532.

PASSING on to take our first look at a legislative assembly, we shall find it convenient to say a word upon the topic of the election of members, with particular reference to personal qualifications ; and then we may go forward to consider some of the more important rules of procedure.

* The law parliamentary, I am obliged to confess, deserves not to be extolled for gallantry; since we discover that, when it comes to prescribe qualifications for a seat in a deliberative body, it includes the fair sex among those to be kept out, — the list being, minors, idiots, lunatics,^ paupers, women, and aliens. For what reason the law in its wisdom does not permit lovely woman to invade the legislative hall, and have her say there, I shall cautiously abstain from even venturing to guess. A territorial delegate in Congress finds himself but little better off than womankind — for

A wkward- - very

* The reader need not be reminded that convicts also are not eligible, it being thought suflBcient that they serve] the State in another capacity.

About this time expect.

The hour— the man although he can talk, he cannot vote. Who may predict how much longer the other sex is going to let man keep to himself the honors and perils of a legislative career?^

* Legislatures meet at stated periods ; and it is the business of the member-elect to find out the precise date when his presence is needed at the seat of government. A few days before that fixed for the convening of the assembly sundry stray visitors, of serious mien, are to be observed alighting at the railroad station, and taking up their line of march, vaHse and umbrella in hand, to the Capitol. Your new member, alive to the responsibilities of the situation, is not going to let the country suffer from tardiness on his part. He knows full well what a burden it is to take charge of the public welfare. He is willing to try it.

* When the momentous hour is at hand for the session to open, both floor and gallery present a scene of great animation. A crowd of spectators, including ladies in bright array, look on approvingly. Members bustle about, precisely as though a crisis had arrived. To the clerk of the last House there is usually assigned the duty of calHng the assembled throng to order ; but sometimes this honorable office is, as a

> Possibly there is something prophetic in the words of Carlyle : " Nay, might there not be a Female Parliament, too. with screams from the opposition benches, and the honorable member borne out in hysterics." I. French Revolution, 302.

f

A Legislature : How Composed 27

mark of respect, entrusted to the oldest member present. The first thing to be done is to ascertain who are in attendance claiming to represent the sovereign will of the people as expressed through the medium of the ballot-box, aided by a wellorganized machine. Inasmuch as success at the polls is a matter of notoriety, the task of preparing a roll of the names of members-elect, is comparatively simple. In the few instances where a seat is to be contested, a certificate has already been given to some one, and for the purpose of organization this gentleman becomes clothed with a prima facie right to be recognized as the sitting member.

* The roll of names is called. All that is required of a member-elect upon hearing his name, is to speak up Hke a freeman, and answer " Here." Even if he does nothing else, this act on his part entitles him to a day's pay. After getting through with a calling of the roll, there is no more popular move to be started than that of adjourning for dinner.

* Another step early to be taken is to inspect the credentials of such persons as shall have presented themselves. This precaution is resorted to in order that nobody may meddle with legislative machin^ ery who has not been duly sent forward for the purpose. Every house constitutes itself a judge of the qualifications of its own

Calling the roll

Safeguard members. A good degree of circumspection has to be exercised at the threshold ; otherwise who can tell what improper characters might effect an entrance, such as men addicted to the use of stimulants, out late nights,'^ and the like. * This business ended, the members in solemn array hold up their right hands and take the oath of office

Chapter V More Of Early Stages

/'// be a candle-holder^ and look on.

—ROMEO AND JULIET.

WHERE am I to sit, is a question that a member asks himself the first time he sets foot in the chamber destined to be the scene of his pubHc service. Our aspiring young friend, who has designs upon the eye of the Speaker, and who means upon every important oc casion to electrify the country with re^ marks, is not blind to the advantage of having a conspicuous spot from which to sparkle. A speech delivered about midway of the House, or well down to the front seems more effective than when your orator is forced to take his stand a long way off, at the outer fringe of seats. The average member feels that his talents entitle him to strive for the best seat he can lay hold of. It is a duty, too, which he owes to his constituents. Yet, after all, there is not much freedom of selection, since a distribution of seats is commonly made by lot. At the same time, new members are quick to discover that the able leaders are not to be banished to the region of the back rows. If you chance to be a newcomer, it may prove worth your while, to 29 assume an air of special importance. By so doing, you, perhaps, may, so far, impose upon some unsuspecting fellow-member, that he will consent to exchange for yours the better seat he has had the good luck to draw.

Miscellaneous * A timc-houorcd usage of the House of Commons permits an old member to retain a seat which at former sessions he had been in the habit of occupying, — a deference to seniority that is not without example on this side of the Atlantic. * It is an estabHshed custom, in some bodies, for members of like political faith to sit together. This practice tends to divide the chamber in half, each party taking its own side, with due provision for those in excess who make up the majority. The plan is convenient. One obvious advantage is that opponents are thus enabled to glare at each other across the line of division, commonly an aisle. Besides, members when fenced off, as it were, in this manner find it more feasible to carry on those hasty consultations upon the floor that are often needful during a political debate. Such arrangement works well so far as the two great parties are concerned, but occasionally a nondescript appears, under the name of independent, or reformer, whose presence threatens an upset, and who may be presumed to incur risk of contamination should he be required to pitch

More of Early Stages his tent in either camp. Since architectural Hmitations, as a rule, do not admit of his going off and sitting all by himself, the gentleman in question is compelled to make the best of a bad business, and take up with one or the other divisions of his misguided brethren, as the wheel of fortune shall have determined. * In accord with good, old, democratic notions, the furniture on the floor of the House is the same for all members. But there is one chair in the chamber that is much coveted. Not that it is more comfortable than the rest, but because of the distinction that its occupancy implies. I refer, of course, to the chair set apart for the presiding officer to fill. One of the earliest inquiries to be answered is, who is the patriot that stands ready to sacrifice himself at the altar of his country, by consenting to serve as Speaker. To settle this momentous question, it is customary for each political party to hold a caucus. The nominee of that party which happens to be in the ascendancy, is the coming man. The minority caucus contents itself with dealing in compHments instead of substantial favors. At an hour previously named, the House proceeds to ballot for Speaker, with the result seldom failing that the choice of the caucus is declared the choice of the House. As soon as a Speaker is elected, the House conceives it to be neces-

The Speaker

The rising tun sary that the recipient of its honors shall be conducted to the chair under an escort.

* Whether satellites upon this impressive occasion are to be viewed as a body-guard, affording a member protection while en route from his seat to the chair which he is to adorn as presiding officer ; or whether the successful candidate is presumed, by a pleasing fiction, to be unaware of the precise locality of the chair itself, it is perhaps hardly worth the while to speculate. Suffice it to say custom dictates the selection of two members (of whom the extinguished candidate of the minority is usually one), who march down the aisle in stately procession, one on either side of the child of fortune, guarding jealously his sacred person until he reaches the desk and grasps the gavel. There he takes the oath of office, after which he is left to shift for himself.

* As soon as the distinguished incumbent has arrived in position, and bowed his acknowledgments, he is expected to turn a radiant face first toward the reporters, and next to his brother members (not forgetting a glance at the ladies in the gallery), and to favor the House with a few remarks, — the fewer the better. He can hardly avoid letting fall a word or two of thanks, in which he expresses, honestly, no doubt, a distrust of his fitness for the exacting duties of the post. He promises good behaviour, and pledges himself to treat every-

More of Early Stages body in the handsomest manner possible. After all this is accomplished, he faces to the front, and standing as if about to have a camera flashed upon him, he seems to say : " Now, bring on your business."

* The imposing ceremony over, everybody is agog to learn who are to be named as the standing committees. The Speaker ought to lose no time in getting ready his list, since legislation is at a standstill until committees are announced. Of the nature of this duty, and its performance, something will be said in a later chapter of this ingenious work.

* At the proper juncture in the opening hours of the session, the Executive sends in his message, which is read for the information of the body, and for the welfare of mankind. His Excellency reminds the legislature that time has gone on its flight ; and he pauses to congratulate the country that they and he are animated with patriotic purposes ; together with much more, in the same pleasing line of reflection. He recites what work he has done; goes on to tell them what remains to be done, and mentions a few reforms that he has the honor to recommend. He states how much money there is in the Treasury, and accounts for what is not there by a reference to accompanying tables of figures arranged after the order of official arithmetic, imposing and unintelligible. The message

The King's speech alludes likewise to the State penitentiary ; and mentions by name one or two persons yet outside of it.

How disposed"^ Not kuowiug what better to do with this ^ mass of information, statistical and other-

wise, legislative assemblies long ago contracted the habit of referring an executive message by piecemeal to appropriate committees. The committees are supposed to digest what they thus get. At their leisure, they decide what of its recommendations they can most appropriately neglect. Custom has ordained also that the document be printed for perusal by the members, and for circulation through the school districts. Thus does it go upon the shelf (or make its way sooner or later to the junk shop), as a part of the solid Hterature of the age.

I

Chapter VI The Sources Of Parliamentary Law

The House of Commons is a sort of whispering gallery to all Europe.

THE Congress of the United States of America, as well as our State legislatures, when they have no special provision to cover the case, govern themselves by a sort of parliamentary common law, an heirloom which, like that mass of mingled wisdom and absurdity, the common law itself, has been handed down to us from Great Britain. " Parliaments," says that popular and entertaining writer, Sir William Blackstone, Knt., " are coeval with the kingdom itself." Seeing that Sir William's statement has appeared regularly in various revised and annotated editions of his standard work,^ we are safe, I presume, in relying upon it as literally correct. At all events, one may detect in the parliamentary style of doing business at the present day, a pleasing flavor of antiquity. * There are rows of books labelled " Hansard's Parliamentary Debates," that are packed full of solid reading matter, warranted to keep in any climate. We may