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
_First._ The inquiry which it institutes is clearly judicial in
character,--without, however, any judicial purpose, or looking to any
judicial end. The committee is essentially a Tribunal, with power of
denunciation, but without power of punishment,--sitting with closed
doors, having the secrecy of the Inquisition or the Star Chamber,
or, if you please, the Grand Jury,--with power to investigate facts
involving the guilt of absent persons, and to denounce fellow-citizens
as felons and traitors. If such a power is lodged anywhere outside of
judicial tribunals, it must be in the House of Representatives, as
the Grand Inquest of the Nation, with its power to impeach all civil
officers, from the President down; but it cannot be in the Senate.
Let me cite an illustration. The Constitution of Maryland provides
expressly that “the House of Delegates may inquire, on the oath of
witnesses, into all complaints, grievances, and offences, as the Grand
Inquest of the State, and may commit any person for any crime to the
public jail, there to remain until discharged by due course of law.”
But I deny that the Senate of that neighbor State can erect itself into
a Grand Inquest.
If the Senate of the United States have power to make the present
inquiry, then, on any occasion of alleged crime, of whatever nature,
whether of treason or murder or riot, it may rush to the assistance of
the grand juries of the District, or, still further, it may rush to the
assistance of the grand juries of Virginia; in short, it will be an
inquest of commanding character, and with far-reaching, all-pervading
process, supplementary and ancillary to the local inquest,--or, rather,
so transcendent in powers, that by its side the local inquest will be
dwarfed into insignificance. This cannot be proper or constitutional.
But perhaps I am especially sensitive on this point; for, as a citizen
of Massachusetts, I cannot forget that her Bill of Rights, originally
the work of John Adams, provides expressly that the legislative
department shall never exercise judicial powers, and the judicial
department shall never exercise legislative powers,--“to the end,” as
is solemnly declared, “it may be a government of laws, and not of men.”
But, assuming that the resolution is defective so far as it constitutes
an inquest into crime, it may be said that the witness should be
compelled to answer the other parts. Surely, the Senate will not resort
to any such refinement in order to imprison a citizen.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account