Here the commitment of a bill for reform in law to “two lawyers” was condemned, because they were a nurse that did not care for it; and the casual remark of the author of the bill has become historical. There is good law as well as sense in his saying, that a child is not put to a nurse that cares not for it. Parliamentary Law, in the creation of special committees, always seeks those who care for the business, whatever it may be. One against an inquiry, or believing that there is no occasion for it, is repudiated by this rule, so just and benign, and also so venerable with years.
The preparation of articles of impeachment against the Earl of Danby, Lord High Treasurer in the reign of Charles the Second, December 21, 1678, presented the same rule in another aspect. It was no longer a bill, but an inquiry or investigation, when the Speaker said:—
“No man, by the ancient rules of the House, is to be of a committee of a thing he is against.”[33]
Here the language is somewhat broadened, though in entire keeping with the other cases. A man cannot be on a committee “of a thing he is against.” In other words, if he is against the inquiry for which a committee is created, he cannot be on it. And here again good faith requires that the rule should be observed not merely in form, but in substance.
These cases were analyzed and adopted by Mr. Jefferson in his authoritative “Manual”; so that they have become American Parliamentary Law, as obligatory here as in England. Speaking always by their essential reason, but with the weight of precedent also, they are not less binding than if promulgated with an enacting clause.
Mr. Jefferson furnishes other and most important words of his own:—
“And when any member who is against the bill hears himself named of its committee, he ought to ask to be excused.”[34]
This is the language of our Manual, declaring the duty of a member who hears himself named of a committee on a bill he is against. Of course the general rule is applicable to any other matter referred to a committee. The words are, “he ought to ask to be excused.” Of course his continuance on the committee, or any attempt to exercise its duties, is a violation of Parliamentary Law, unless you are ready to discard this positive injunction.
Mr. Jefferson then adds, by way of illustration:—
“Thus, March 7, 1606, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself.”[35]