Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Of course, in this inquiry, I assume the genuineness of the letter. If
this letter were to be considered on technical grounds, the evidence
would not be disdained even under the conservative words of our
Constitution, according to which “no person shall be convicted of
treason, unless on the testimony of two witnesses to the same overt
act, _or on confession in open court_.” We have had the confession
of the writer in open Senate, following similar confession in a
supplementary letter, to which reference has been made in this debate.
There can be no doubt on this point, and the writer must stand or
fall by this letter, unless something has occurred since which can be
accepted in extenuation of the unfortunate transaction.
It is true that the bearer of the letter was not able to present
it. Before consummating his errand of treason, he was arrested by
the watchful officers of the law, and, as we have already seen,
is now in custody. The agent is in the hands of the law, while we
debate on the seat of his principal. At the risk of introducing a
superfluous topic, I cannot forbear adding that the crime of the
principal was perfect when he wrote the letter and delivered it to
his agent. It was expressly decided in England long ago, that a
treasonable communication, “though intercepted, is an overt act of
treason”; and this early principle was repeated by the Court of King’s
Bench, speaking by the voice of Lord Mansfield, in the case of Dr.
Hensey,[134] and again by the same court, under Lord Kenyon, in the
case of William Stone.[135] It is completely applicable to the present
case, even if our inquiry proceeded on technical grounds.
* * * * *
But the history of the transaction is not yet complete. Other incidents
have occurred since, which are strangely offered in extenuation of
the original crime. At the arrest of the agent, towards the close
of last summer, the letter was found among his papers. Of course it
excited much attention and some feeling. This was natural. At last the
author, who still sits among us, addressed a second letter to his late
colleague in this body [Mr. FITCH].
MR. BRIGHT (_from his seat_). It was not to my late colleague;
it was to another Mr. Fitch.
Public-domain text, read in full here on John Shaqi.
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