In this resolution two questions arise: first, can the Legislature itself, by legislative act, substitute a minority for a majority in the election of Senators, and thus set aside a great and traditional principle? and, secondly, can it do…

Indeed, where a word is used in the Constitution having a previous signification or character in the institutions of England, we cannot err, if we consider its import there.

But I repeat, that this is no authority for overturning the rule of the majority in a legislative body, having in its favor so many reasons of law and tradition.

Therefore, when asked if a Legislature, even by legislative act, may set aside the rule of the majority in the election of Senators, I must candidly express a doubt.

The Constitution confides this power to the “Legislature”; but the “Legislature” consists of a majority.

Ubi major pars est, ibi totum: “Where the greater part is, there is the whole.” Such is an approved maxim of the law; and this maxim has in its support, first, the Law of Nature, secondly, the Law of Corporations, thirdly, the…

Surely, such a change is of immense gravity, and should be made only under all possible solemnities and safeguards.

But the Constitution itself, which delegates to the “Legislature” of each State the power to prescribe the manner of electing Senators, uses language not open to evasion.

Supposing the case doubtful, then I submit that all presumptions and interpretations must tend to support the rule of a majority.

In other words, so important a rule, having its foundation in the Law of Nature, the Law of Corporations, Parliamentary Law, and the principles of republican institutions, cannot be set aside without the plainest and most positive…

I know very little of cards, but I remember a rule of Hoyle, “When you are in doubt, take the trick.” Just the reverse must be done in a case like the present, involving so important a principle: when you are in doubt, do not take the…

This is a republican government, and surely you will not abandon the first principle of a republican government without good reason.

According to received maxims of law, you must always incline in favor of Liberty.

In the same spirit you must always incline in favor of every principle of republican government, and especially of that vital principle which establishes the rule of the majority.

Had he a right to vote, first, according to the principles of Natural Law, or, in other words, the principles of Universal Law?

I take it there is no lawyer, there is no man even of the most moderate reading, who is not familiar with the principle of jurisprudence, recognized in all countries and in all ages, that no man can be a judge in his own case.

That principle has been reduced to form among the maxims of our Common Law,--Nemo debet esse judex in propria sua causa.

No judge, no tribunal, high or low, can undertake to set aside this rule.

But another judge, who, as lawyer and authority in courts down to this day, perhaps excels even the two already cited,--I mean Lord Chief Justice Holt,--has explained and developed this principle in masterly language.

I agree, where the city of London claims any freedom or franchise to itself, there none of London shall be judge or jury; for there they claim an interest to themselves against the rest of mankind.

The judge is agent, the party is patient, and the same person cannot be both agent and patient in the same thing; but it is the same thing to say that the same man may be patient and agent in the same thing as to say that he may be judge…

It will be observed that three eminent judges, Hobart, Coke, and Holt, all found the inevitable conclusion on the immutable principles of Natural Law, that law which is common to all countries.

To this Universal Law all your legislation must be brought as to a touchstone; and all your conduct in this Chamber, and all your rules, must be in accordance with it.

Therefore I say, as I began, the practice of calling the roll of the Senate must be interpreted in subordination to this commanding rule of Universal Law.

This is but an expression in parliamentary language of what I have announced as the rule of universal jurisprudence.