Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“Or at least so prove it,
That the probation bear no hinge nor loop
To hang a doubt on.”
Anything short of this is to trifle with the Republic and its
transcendent fortunes.
It is by insisting upon doubts that the apologists of the President,
at the bar and in the Senate, seek to save him. For myself, I see none
such; but assuming that they exist, then should they be marshalled for
our country. This is not a criminal trial, where the rule prevails.
Better the escape of many guilty than that one innocent should suffer.
This rule, so proper in its place, is not applicable to a proceeding
for expulsion from office; and who will undertake to say that any claim
of office can be set against the public safety?
In this just rule of evidence I find little more than time-honored
maxims of jurisprudence, requiring interpretation always in favor
of Liberty. Early in the Common Law we were told that he is to be
adjudged impious and cruel who does not favor Liberty: _Impius et
crudelis judicandus est qui Libertati non favet_.[190] Blackstone,
whose personal sympathies were with power, is constrained to confess
that “the law is always ready to catch at anything in favor of
Liberty.”[191] But Liberty and all else are contained in the public
safety; they depend on the rescue of the country from a Presidential
usurper. Therefore should we now, in the name of the law, “catch at
anything” to save the Republic.
2. There is another rule of evidence, which, though of common
acceptance in the courts, has peculiar value in this case, where it
must exercise a decisive influence. It is this: Courts will take
judicial cognizance of certain matters without any special proof on
the trial. Some of these are of general knowledge, and others are
within the special knowledge of the court. Among these, according to
express decision, are the frame of government, and the public officers
administering it; the accession of the Chief Executive; the sitting
of Congress, and its usual course of proceeding; the customary course
of travel; the ebbs and flows of the tide; _also whatever ought to be
generally known within the limits of the jurisdiction, including the
history of the country_. Besides these matters of general knowledge,
a court will take notice of its own records, the conduct of its own
officers, and whatever passes in its own presence or under its own
eyes. For all this I cite no authority; it is superfluous. I add
a single illustration from the great English commentator: “If the
contempt be committed in the face of the court, the offender may be
instantly apprehended and imprisoned, at the discretion of the judges,
without any further proof or examination.”[192]
Public-domain text, read in full here on John Shaqi.
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