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Wednesday, December 16, 2009

Preston Brooks In the News!



It turns out that Mitch McConnell has a pretty dry sense of humor, and a pretty good sense of history. From his email today (emphasis added):
The plain language of the Senate precedent, the manual that governs Senate procedure, is that unanimous consent of all members was required before the Senator from Vermont could withdraw his amendment while it was being read.

Earlier today, the majority somehow convinced the parliamentarian to break with the long standing precedent and practice of the Senate in the reading of the bill.

Senate procedure states clearly, and I quote: under Rule 15, paragraph 1, and Senate precedents, an amendment shall be read by the clerk before it is up for consideration or before the same shall be debated unless a request to waive the reading is granted.

It goes on to state that, quote, "the reading of which may not be dispensed with, except by unanimous consent, and if the request is denied, the amendment must be read and further interruptions are not in order."

You may have heard that the majority cites an example in 1992 where the chair made a mistake and allowed something similar to happen. But one mistake does not a precedent make.

For example, there is precedent for a Senator being beaten with a cane here in the Senate. If mistakes were the rule, the caning of Senators would be in order. Fortunately for all of us, it is not.

It’s now clear the majority is willing to do anything to jam through a 2000-page bill before the American people or any of us has had a chance to read it—including changing the rules in the middle of the game.

To which Glenn Reynolds adds, "I dunno, the caning of Senators is looking better and better . . . ."

To which I add, "There's also a precedent for brandishing firearms on the Senate floor."

About the illustration:
A dramatic portrayal, clearly biased toward the northern point of view, of an incident in Congress which inflamed sectional passions in 1856. The artist recreates the May 22 attack and severe beating of Massachusetts senator Charles Sumner by Representative Preston S. Brooks of South Carolina. Brooks's actions were provoked by Sumner's insulting public remarks against his cousin, Senator Andrew Pickens Butler, and against Illinois senator Stephen A. Douglas, delivered in the Senate two days earlier. The print shows an enraged Brooks (right) standing over the seated Sumner in the Senate chamber, about to land on him a heavy blow of his cane. The unsuspecting Sumner sits writing at his desk. At left is another group. Brooks's fellow South Carolinian Representative Lawrence M. Keitt stands in the center, raising his own cane menacingly to stay possible intervention by the other legislators present. Clearly no help for Sumner is forthcoming. Behind Keitt's back, concealed in his left hand, Keitt holds a pistol. In the foreground are Georgia senator Robert Toombs (far left) and Illinois senator Stephen A. Douglas (hands in pockets) looking vindicated by the event. Behind them elderly Kentucky senator John J. Crittenden is restrained by a fifth, unidentified man. Above the scene is a quote from Henry Ward Beecher's May 31 speech at a Sumner rally in New York, where he proclaimed, "The symbol of the North is the pen; the symbol of the South is the bludgeon." David Tatham attributes the print to the Bufford shop, and suggests that the Library's copy of the print, the only known example, may have been a trial impression, and that the print may not actually have been released. The attribution to Homer was first made by Milton Kaplan.

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