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
“I find also a provision in the seventh [eighth] clause of the
ninth section of the first article, that ‘no person holding
any office of profit or trust under the United States shall,
without the consent of the Congress, accept of any present,
emolument, office, or title, of any kind whatever, from any
king, prince, or foreign state.’ If a Senator holds no office
of profit or trust under the United States, it is _lawful_ for
him to accept a present, title, or office from any king or
foreign state. Can it be possible that a public functionary,
of all others the peculiar object of this jealous restriction,
is, in fact, the sole object of exemption from its operation?
Can it be imagined that a Senator, upon whom the Constitution
has heaped the powers and trusts of legislator, judge, and
executive magistrate, is the only person who is left exposed to
the seductions of foreign influence? It can never be admitted
that a situation which from its trust and importance most
invites corruption is the only one which the Constitution has
not guarded against. If, Sir, a Senator be not an officer
under this clause, it might happen that the Senate of the
United States might become a House of Lords. It would be in
the power of any king in Europe to change our free government,
and to convert one branch, at least, from a republican into an
aristocratic form. You will not suffer an ensign in your army
to accept the humble title of Chevalier, and yet you will allow
an integral part of the Government to be composed of earls and
dukes. And let me pray the honorable Court to remember, at the
same time, that the Constitution has provided that a member of
either House shall not be allowed to retain his seat and hold
any commission, civil or military, under the United States.
The President has no titles to grant, nor offices of great
emolument to confer; and yet the chaste republicanism of the
Constitution will not allow a Senator to feel the influence of
his patronage; and yet, at the same time, he may _lawfully_ be
the pensioner or the titular noble of a foreign power. Such a
doctrine is not simply absurd, but infinitely dangerous.”[303]
In view of these emphatic words, it is difficult to see how any person
can insist that a “Senator” is not a “civil officer,” even according to
the text of the Constitution. Conceding to the judgment on the trial
of impeachment all the authority which can belong to it, you cannot
properly deduce from it any conclusion, except that a Senator already
expelled is not a “civil officer” liable to impeachment: nothing beyond
this.
Public-domain text, read in full here on John Shaqi.
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