Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is vain that you seek to surround the Senatorial letter-writer with
the technical defences of a judicial tribunal. This will not do. They
are out of place. God grant, that, in the administration of justice,
a citizen arraigned for his life may always be presumed innocent till
he is proved guilty! But, while zealously asserting this presumption
in a criminal trial, I utterly deny it in the present case. The two
proceedings are radically unlike. In the one we think most of the
individual; in the other we think most of the Senate. The flag-officer
of a fleet, or the commander of a garrison, when only suspected of
correspondence with the enemy, is without delay deprived of command;
nor can any technical presumption of innocence be invoked in his
defence. For the sake of the fleet, for the sake of the garrison, which
must not be betrayed, it is your duty to see that he is deprived of
command. Nor can a suspected Senator, with all his confidential trusts,
legislative, diplomatic, and executive, expect any tolerance denied to
a suspected flag-officer, or to a suspected commander of a garrison. If
not strong, pure, and upright in himself, he must not expect to find
strength, purity, and uprightness in any presumption of innocence,
or in any technical rule of law. For the sake of the Senate, he must
be deprived of his place. Afterwards, should he be arraigned at law,
he will be allowed to employ all the devices and weapons familiar to
judicial proceedings.
There is another illusion into which the Senator has fallen; and it
seems to me that the Senator from New York, and perhaps other Senators,
have followed him. It is the assumption, that, in depriving the Senator
of his seat, we take from him something that is really his. This is
a mistake. A Senator is simply a trustee. The Senator is trustee for
Indiana. But his fidelity as trustee is now drawn in question; and
since no person is allowed to continue as trustee whose character
is not above suspicion,--inspired _uberrimâ fide_, according to the
language of the law,--the case of the Senator should obviously be
remanded to the State for which he still assumes to act. Should he
be wronged by expulsion, then will that State promptly return him
to his present trust, and our judgment will be generously reversed.
The Senator has no right for himself here; he does not represent
himself; but he represents his State, of which he is the elected,
most confidential trustee; and when his fidelity is openly impeached,
there is no personal right which can become his shield. Tell me not
of the seat of the Senator. Let the Senator be cautious in language.
By courtesy the seat may be his; but in reality the seat belongs to
Indiana; and this honored State, unsurpassed in contributions to the
patriot armies of the Republic, may justly protest against longer
misrepresentation on this floor by a disloyal Senator.
Public-domain text, read in full here on John Shaqi.
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