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
These unsought and voluntary expressions of opinion show
that on this occasion, as when demanding Emancipation, Mr.
Sumner was not alone. Weight and numbers were with him. Nobody
better than these volunteers represented the intelligence and
conscience of the country.
OFFICE OF SENATOR, AND ITS INCOMPATIBILITY WITH OTHER OFFICE.
REMARKS IN THE SENATE, ON THE CASE OF GENERAL LANE, OF KANSAS, JANUARY
13, 1862.
The question of the seat of Hon. James H. Lane, of Kansas, was
referred to the Judiciary Committee of the Senate, at the extra
session of July, 1861, when the Committee reported that he was
not entitled to his seat. The consideration of the resolution
was postponed to the present session.
It appeared, that, previously to the extra session, and
before Mr. Lane had taken his seat as Senator from Kansas, he
was designated by President Lincoln as Brigadier-General of
Volunteers, and entered upon his public duties as such, but
without any actual commission or formal appointment according
to law. Afterwards, when informed that he could not be
Brigadier-General and at the same time Senator, he abandoned
the former post and was duly qualified as Senator. Meanwhile
Governor Robinson of Kansas, assuming that Mr. Lane had so far
accepted another office as to vacate his seat in the Senate,
appointed Hon. Frederic P. Stanton in his place, and the
Judiciary Committee affirmed the title of the latter.
January 13th, Mr. Sumner spoke against the report.
MR. PRESIDENT,--The Senator from Connecticut [Mr. FOSTER] has presented
the objections to the seat of General Lane ingeniously and ably; but I
must frankly confess that he fails to satisfy me. I could not resist
the brief, but decisive, statement of the Senator from New York [Mr.
HARRIS], to which we listened the other day; and the ampler argument of
the Senator from New Hampshire [Mr. CLARK], to which we have listened
to-day, seems to leave little more to be said. I shall follow the
latter without adding to the argument.
The language of the Constitution applicable to the case is explicit:
“No person holding any office under the United States shall be a member
of either House of Congress during his continuance in office.” But the
question arises, Did General Lane hold any such office after he became
Senator?
Not considering the case minutely, I content myself with briefly
touching two points, either of which will be sufficient to secure his
seat to General Lane.
Public-domain text, read in full here on John Shaqi.
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