Charles Sumner: his complete works, volume 05 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 05 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The facts on this head are few and plain. Governor Reeder, after
allowing only five days for objections to the returns,--a space of time
unreasonably brief in that extensive Territory,--declared a majority
of the members of the Council and of the House of Representatives
“duly elected,” withheld certificates from certain others, because of
satisfactory proof that they were not duly elected, and appointed a
day for new elections to supply these vacancies. Afterwards, by formal
message, he recognized the Legislature as a legal body, and when he
vetoed their act of adjournment to the neighborhood of Missouri, he did
it simply on the ground of illegality in such adjournment under the
organic law. Now to every assumption founded on these facts there are
two satisfactory replies: _first_, that no certificate of the Governor
can do more than authenticate a subsisting legal act, without of
itself infusing legality where the essence of legality is not already;
and, _secondly_, that violence or fraud, wherever disclosed, vitiates
completely every proceeding. In denying these principles, you place
the certificate above the thing certified, and give a perpetual lease
to violence and fraud, merely because at an ephemeral moment they are
unquestioned. This will not do.
Sir, I am no apologist for Governor Reeder. There is sad reason to
believe that he went to Kansas originally as tool of the President;
but his simple nature, nurtured in the atmosphere of Pennsylvania,
revolted at the service required, and he turned from his patron to
duty. Grievously did he err in yielding to the Legislature any act of
authentication; but in some measure he has answered for this error
by determined effort since to expose the utter illegality of that
body, which he now repudiates entirely. It was said of certain Roman
Emperors, who did infinite mischief in their beginnings and infinite
good towards their end, that they should never have been born or
never died; and I would apply the same to the official life of this
Kansas Governor. At all events, I dismiss the Apology founded on his
acts, as the utterance of Tyranny by the voice of Law, transcending
the declaration of the pedantic judge, in the British Parliament, on
the eve of our Revolution, that our fathers, notwithstanding their
complaints, were in reality represented in Parliament, inasmuch
as their lands, under the original charters, were held “in common
socage, as of the manor of East Greenwich in Kent,” which, being duly
represented, carried with it all the Colonies.[79] Thus in another age
has Tyranny assumed the voice of Law.
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Public-domain text, read in full here on John Shaqi.
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