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
The resolutions were adopted March 12, 1860, and on the same
day Mr. Hyatt was committed to the common jail of Washington.
* * * * *
On the 15th of June, 1860, Mr. Mason, of Virginia, Chairman of
the Harper’s Ferry Investigating Committee, in submitting his
final report, further submitted the following order.
“_Ordered_, That Thaddeus Hyatt, a witness confined in
the jail of this city for refusal to appear and testify
before said committee, be discharged from custody, and
that a copy of this order be delivered to the jailer by
the Sergeant-at-Arms, as his warrant for discharging said
prisoner.”
On the question upon its passage, Mr. Sumner spoke as follows.
MR. PRESIDENT,--I welcome with pleasure the proposition for the
discharge of Mr. Hyatt from his long incarceration in the filthy
jail where he has been detained by the order of the Senate. But I am
unwilling that this act of justice should be done to a much injured
citizen, without for one moment exposing the injustice which he has
received at your hands.
The case, it seems to me, can be made as plain as a diagram.
We must not forget a fundamental difference between the powers of the
House of Representatives and the powers of the Senate. It is from the
former that the Senator from Virginia has drawn his precedents, and
here is his mistake.
To the House of Representatives expressly are given by the Constitution
_inquisitorial_ powers, while no such powers are given to the Senate.
This is contained in the words, “The House of Representatives
shall have the _sole_ power of impeachment.” Here, then, obviously,
is something delegated to the House, and not delegated to the
Senate,--namely, those inquiries in their nature preliminary to
impeachment, which may or may not end in impeachment; and since, by
the Constitution, every “civil officer” of the national government may
be impeached, the _inquisitorial_ powers of the House may be directed
against every “civil officer,” from the President down to the lowest on
the list.
This is an extensive power, but it is confined solely to the House.
Strictly speaking, the Senate has no general _inquisitorial_ powers. It
has, we know, _judicial powers_ in three cases under the Constitution:--
1. To try impeachments;
2. To judge the elections, returns, and qualifications of its members;
3. To punish its members for disorderly behavior, and, with the
concurrence of two thirds, to expel a member.
In the execution of these powers, the Senate has the attributes of
a court, and, according to established precedents, it may summon
witnesses and compel their testimony, although it may well be doubted
if a law be not necessary even to the execution of this power.
Public-domain text, read in full here on John Shaqi.
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