Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
To prove that the Rebel States continue precisely as before, we are
reminded that Andrew Johnson continued to occupy his seat in the
Senate after Tennessee had adopted its Act of Secession and embarked
in rebellion, and that his presence testified to the fact that rebel
Tennessee was still a State of the Union. No such conclusion is
authorized by this incident. There are two principles of Parliamentary
Law long ago fixed: first, that the power once conferred by an election
to Parliament is _irrevocable_, so that it is not affected by any
subsequent change in the constituency; and, secondly, that a member,
when once chosen, is _a member for the whole kingdom_, becoming
thereby, according to the words of an early author, not merely knight,
citizen, or burgess of the county, city, or borough which elected
him, but knight, citizen, or burgess of England.[194] If these two
principles are not entirely inapplicable to our political system, then
the seat of Andrew Johnson was not in any respect affected by the
subsequent madness of his State, nor can the legality of his seat be
any argument for his State.
We are also reminded, that, during the last session of Congress, two
Senators from Virginia represented that State in the Senate, and
the argument is pressed that no such representation would be valid,
if the State government of Virginia was vacated. This is a mistake.
Two things are established by the presence of these Senators in the
National Senate: first, that the old State government of Virginia is
extinct; and, secondly, that a new government has been set up in its
place. It was my fortune to hear one of these Senators, while earnestly
denouncing the idea that a State government could disappear. I could
not but think that he strangely forgot the principle to which he owed
his seat in the Senate, as men sometimes forget a benefactor.
It is true beyond question that the Acts of Secession are all
inoperative and void against the Constitution of the United States.
Though matured in successive conventions, sanctioned in various forms,
and maintained ever since by bloody war, these Acts, no matter by what
name they may be called, are all equally impotent to withdraw an acre
of territory or a single inhabitant from the rightful jurisdiction
of the nation. But while thus impotent against the United States,
it does not follow that they were equally impotent in the work of
self-destruction. Clearly, the Rebels, by utmost effort, could not
impair the national jurisdiction; but it remains to be seen if their
enmity did not act back with fatal rebound upon those very State Rights
in behalf of which they commenced their treason.
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Public-domain text, read in full here on John Shaqi.
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