Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The precedents of impeachment, including the trials of Strafford,
Sacheverell, Macclesfield, and the Rebel Lords in 1715, and again in
1745, all illustrate the liberality of the proceedings, while the
judgment of Lord Hardwicke, in concurrence with the rest of the judges,
and with the support of the bar, announced, that “the judges and sages
of the law have laid it down that there is but _one_ general rule of
evidence,--the best that the nature of the case will admit.”[187] And
this is the master rule governing all subordinate rules. In harmony
with it is another announced by Lord Mansfield: “All evidence is
according to the subject-matter to which it is applied.”[188] These two
rules are expansive, and not narrow,--liberal, and not exclusive. They
teach us to regard “the nature of the case” and “the subject-matter.”
But the case is an impeachment, and the subject-matter is misbehavior
in high office. Before us is no common delinquent, whose offence is
against a neighbor, but the Chief Magistrate, who has done wrong to his
country. One has injured an individual, the other has injured all. Here
again I quote the Report:--
“The abuses stated in our impeachment are not those of mere
individual, natural faculties, but the abuses of civil and
political authority. The offence is that of one who has carried
with him, in the perpetration of his crimes, whether of
violence or of fraud, the whole force of the State.”[189]
In such a case there must be a latitude of evidence commensurate with
the arraignment. And thus we are brought to the principle with which I
began.
There are other rules, which it is not too late to profit by. One
relates to the burden of proof, and is calculated to have a practical
bearing. Another relates to matters of which the Senate will take
cognizance without any special proof, thus importing into the case
unquestionable evidence explaining and aggravating the transgressions
charged.
1. Look carefully at the object of the trial. Primarily it is for the
expulsion of the President from office. Its motive is not punishment,
not vengeance, but the public safety. Nothing less could justify the
ponderous proceeding. It will be for the criminal courts to award the
punishment due to his offences. The Senate considers only how the
safety of the people, which is the supreme law, can be best preserved;
and to this end the ordinary rule of evidence is reversed. If on any
point you entertain doubts, the benefit of those doubts must be given
to your country; and this is the supreme law. When tried on indictment
in the criminal courts, Andrew Johnson may justly claim the benefit
of your doubts; but at the bar of the Senate, on the question of
expulsion from office, his vindication must be in every respect and on
each charge beyond a doubt. He must show that his longer continuance in
office is not inconsistent with the public safety,--
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