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 question of the constitutionality of this statute complicates
itself with the power of removal under the National Constitution; but I
shall not consider the latter question at this stage. It will naturally
present itself when we consider the power of removal under the
National Constitution, which has been claimed by the President. For the
present I assume the constitutionality of the statute.
ITS APPLICATION TO MR. STANTON.
I come at once to the question of the application of the statute to Mr.
Stanton, so as to protect him against removal without the consent of
the Senate. And here I doubt if any question would have arisen but for
the hasty words of the Senator from Ohio [Mr. SHERMAN], so often quoted
in this proceeding.
Unquestionably the Senator from Ohio, when the report of the Conference
Committee of the two Houses was under discussion, stated that the
statute did not protect Mr. Stanton in his office; but this was the
individual opinion of this eminent Senator, and nothing more. On
hearing it, I cried from my seat, “The Senator must speak for himself”;
for I held the opposite opinion. It was clear to my mind that the
statute was intended to protect Mr. Stanton, and that it did protect
him. The Senator from Oregon [Mr. WILLIAMS], who was Chairman of the
Conference Committee and conducted its deliberations, informs us that
there was no suggestion in committee that the statute did not protect
all of the President’s Cabinet, including, of course, Mr. Stanton.
The debates in the House of Representatives are the same way. Without
holding the scales to weigh any such conflicting opinions, I rest on
the received rule of law, that they cannot be taken into account in
determining the meaning of the statute. And here I quote the judgment
of the Supreme Court of the United States, pronounced by Chief Justice
Taney:--
“In expounding this law, _the judgment of the Court cannot in
any degree be influenced by the construction placed upon it by
individual members of Congress in the debate which took place
on its passage_, nor by the motives or reasons assigned by them
for supporting or opposing amendments that were offered. The
law as it passed is the will of the majority of both Houses,
and the only mode in which that will is spoken is in the Act
itself; and we must gather their intention from the language
there used, comparing it, when any ambiguity exists, with the
laws upon the same subject, _and looking, if necessary, to the
public history of the times in which it was passed_.”[199]
It is obvious to all acquainted with a legislative body that the rule
thus authoritatively declared is the only one that could be safely
applied. The Senate, in construing the present statute, must follow
this rule. Therefore I repair to the statute, stopping for a moment to
glance at the public history of the times, in order to understand its
object.
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