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
According to these words, the three qualifications are (1) age, (2)
citizenship, and (3) inhabitancy of the State he assumes to represent.
These qualifications are not questioned, because they are grouped in a
special clause of the Constitution; and every applicant, on presenting
himself here, is subjected at once to these tests. But it is a mistake
to suppose that these are the only qualifications imposed. There is
another, mentioned in a later part of the Constitution, more important
than either of the others; so that, though last in place, it is first
in consequence. It is _loyalty_, which I affirm is made a qualification
under the Constitution; and we have already seen, that, even if the
organic law were silent, it is so essential to the fitness of a Senator
for his trusts, that the Senate, in the exercise of its discretion,
ought to require it. But the language of the Constitution leaves no
room for doubt.
The words establishing loyalty as a qualification are as follows:--
“_The Senators and Representatives before mentioned …
shall be bound by oath or affirmation to support this
Constitution._”[201]
These words are explicit in requiring the oath to support the
Constitution. And the first statute of the First Congress, approved
June 1, 1789, and standing at the head of our statute-book, provides
for the administration of the oath as follows:--
“The oath or affirmation required by the sixth article of
the Constitution of the United States shall be administered
in the form following, to wit: ‘I, A. B., do solemnly swear,
or affirm, (as the case may be,) that I will support the
Constitution of the United States.’ …
“The President of the Senate for the time being shall also
administer the said oath or affirmation to each Senator who
shall hereafter be elected, _previous to his taking his
seat_.”[202]
Thus by the Constitution, explained by the earliest statutes, must the
oath to support the Constitution be administered to a Senator _previous
to his taking his seat_. But the oath is simply evidence and pledge of
loyalty; and this evidence and pledge constitute a condition precedent
to admission. As loyalty is more important than age or citizenship or
inhabitancy, it has been put under the solemn safeguard of an oath. So
far from agreeing with the Committee, or with the Senator from New York
[Mr. HARRIS], that it is not named among “qualifications,” it seems
to me that it stands first among them. Of course, it is vain to say
that it is not expressly called a “qualification.” Let us ascend from
words to things. It is made a qualification in fact, call it by what
name you will. Men are familiarly said to “qualify” for an office, when
they take the necessary oath of office; so that the language of common
life becomes an interpreter of the Constitution. Sir, loyalty is among
constitutional “qualifications” of a Senator.
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