Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Putting aside irrelevant questions, and presenting the single point
in issue, the case becomes too plain for argument. It is simply this:
Will the Senate obey an existing statute? But here we must consider the
meaning of the statute.
That the Senate will openly refuse obedience to an existing statute,
recently enacted, in support of loyalty, is not to be supposed without
impeachment of the loyalty of the Senate. Only because the question of
obedience has been complicated with other questions has there been for
a moment any doubt on this head. Clearly, the Senate will not disobey
an existing statute. It is, then, on the statute alone, and nothing
else, that any question can arise.
And here I ask leave to recall the Senate from the learned commentary
and elaborate diversion of the Senator from Delaware. The actual
question is one which may be treated without learning and without
effort. It arises on the following words of the statute:--
“Hereafter every person _elected_ or appointed to any
_office_ of honor or profit under the Government of the
United States, _either in the civil_, _military_, _or naval
departments of the public service_, excepting the President of
the United States, shall, before entering upon the duties of
_such office_, and before being entitled to any of the salary
or other emoluments thereof, take and subscribe the following
oath or affirmation [_here follows the oath_]; which said oath,
so taken and signed, shall be preserved among the files of the
Court, _House of Congress_, or Department to which the said
office may appertain.”[291]
It cannot fail to be observed here that the language is plain rather
than technical. Every person “elected” or “appointed” to any “office”
in the “_civil_, military, or naval departments of the public service”
must take the oath. What words could be broader than “departments” and
“public service”?
Obviously, and beyond all question, a Senator is “elected.” Therefore
on this point there is no question.
The inquiry recurs, Is a Senator an “officer” in the “civil department
of the public service”?
Is he an “officer”?
Is he in the “civil department”?
To raise these questions seems absurd. But I have not raised them. This
is done by others. You might as well raise the question, if a man is a
creature, and belongs to the human family.
Look now at these questions in their order.
* * * * *
1. Is a Senator an “officer”? Here please to consult the dictionary. I
turn to Webster.
“OFFICE.--_Offices_ are civil, judicial, ministerial,
executive, _legislative_, political, municipal, diplomatic,
military, ecclesiastical, &c.”
Thus, plainly, offices are _legislative_. But why summon the
dictionary? And yet the zeal of the other side leaves no alternative.
Public-domain text, read in full here on John Shaqi.
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