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
Forms of law lend themselves to the betrayal.
It is impossible to forget that the worst pretensions of prerogative,
no matter how colossal, have been shouldered by lawyers. It was they
who carried ship-money against the patriot exertions of Hampden; and
in our country it was they who held up Slavery in all its terrible
pretensions from beginning to end. What is sometimes called “the legal
mind” of Massachusetts, my own honored State, bent before the technical
reasoning which justified the unutterable atrocities of the Fugitive
Slave Bill, while the Supreme Court of the State adopted the crime from
the bench. Alas that it should be so! When will lawyers and judges see
that nothing short of justice can stand?
GUILTY ON ALL THE ARTICLES.
After this survey it is easy for me to declare how I shall vote. My
duty is to vote, Guilty on all the Articles. If consistent with the
rules of the Senate, I should vote, “Guilty of all, and infinitely
more.”
Not doubting that Mr. Stanton was protected by the Tenure-of-Office
Act, and that he was believed to be so by the President, it is clear
to me that the charges in the first and second Articles are sustained.
These two go together. I have said already, in the course of this
Opinion, that the appointment of Adjutant-General Thomas as Secretary
of War _ad interim_ was without authority of law, and under the
circumstances a violation of the National Constitution. Accordingly the
third Article is sustained.
Then come what are called the Conspiracy Articles. Here also I am
clear. Plainly there was an agreement between the President and
Adjutant-General Thomas to obtain possession of the War Department,
and prevent Mr. Stanton from continuing in office, and this embraced
control of the mails and property belonging to the Department, all
of which was contrary to the Tenure-of-Office Act. Intimidation and
threats were certainly used by one of the conspirators, and in the case
of conspiracy the acts of one are the acts of all. The evidence that
force was intended is considerable, and all this must be interpreted by
the general character of the offender, his menacing speeches, and the
long series of transgressions preceding the conspiracy. I cannot doubt
that the conspiracy was to obtain possession of the War Department,
peaceably, if possible, forcibly, if necessary. As such it was
violation of law, demanding the judgment of the Senate. This disposes
of the fourth, fifth, sixth, and seventh Articles.
The eighth Article charges that Adjutant-General Thomas was appointed
to obtain the control of moneys appropriated for the military service
and the Department of War. All this would be incident to the control of
the War Department. Controlling the latter, he would be able to wield
the former. The evidence applicable to the one is also applicable to
the other.
Public-domain text, read in full here on John Shaqi.
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