Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Such are the five cases in which this extraordinary power has been
heretofore exercised: the first three standing on the text of
the Constitution, and the other two on the right of self-defence
necessarily inherent in the Senate; all five sanctioned by precedents
of this body; all five judicial in character; all five judicial also
in purpose and intent; and all five agreeing in this final particular,
that they have no legislative purpose or intent. Beyond these cases
there is no precedent for the exercise by the Senate of the power in
question.
It is now proposed to add a new case, most clearly without any support
in the Constitution, without any support in the right of _self-defence_
inherent in the Senate, and without any support in the precedents of
the Senate.
A committee has been appointed to inquire into the facts attending
the late invasion and seizure of the armory and arsenal at Harper’s
Ferry by a band of armed men, and report whether the same was attended
by armed resistance to the authorities and public force of the United
States, and by the murder of any citizens of Virginia, or of any troops
sent there to protect public property; whether such invasion was made
under color of any organization intended to subvert the government
of any of the States of the Union; the character and extent of such
organization; _whether any citizens of the United States, not present,
were implicated therein or accessory thereto, by contributions of
money, arms, munitions, or otherwise_; the character and extent of the
military equipment in the hands or under the control of such armed
band; where, how, and when the same was obtained and transported to the
place invaded; also, to report what legislation, if any, is necessary
by the Government for the future preservation of the peace of the
country and the safety of public property; with power to send for
persons and papers.
And this committee, after several weeks of session, now invokes the
power of the Senate to compel the witness to testify. The chairman of
the committee, the Senator from Virginia [Mr. MASON], who calls for the
imprisonment of an American citizen, has shown no authority for such
an exercise of power in the Constitution, or in the admitted right of
self-defence, or in the precedents of the Senate. He cannot show any
such authority. It does not exist.
Surely, where the Constitution, and reason, and precedent, all three,
are silent, we might well hesitate to exercise a power so transcendent.
But I shall not stop here. I go further, and point out two specific
defects in the resolution of the Senate.
Public-domain text, read in full here on John Shaqi.
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