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
But no man can be allowed to take the oath as Senator, when, on
the evidence before the Senate, he is not competent. If it appear
that he is not of sufficient age, or of the required citizenship or
inhabitancy, he cannot be allowed to go to that desk. Especially if it
appear that he fails in the all-important “qualification” of loyalty,
he cannot be allowed to go to that desk. A false oath, taken with our
knowledge, would compromise the Senate. We who consent will become
parties to the falsehood; we shall be parties in the offence. It is
futile to say that the oath is one of purgation only, and that it is
for him who takes it to determine on his conscience if he can take it.
The Senate cannot forget the evidence; nor can its responsibility in
the case be swallowed up in any process of individual purgation. On the
evidence we must judge, and act accordingly. The “open sesame” of this
Chamber must be something more than the oath of a suspected applicant.
According to Lord Coke, “an infidel cannot be sworn” as a witness. This
was an early rule, which has since been softened in our courts. But,
under the Constitution of the United States and existing statutes, a
_political infidel_ cannot be sworn as a Senator. Whatever may be his
inclination or motive, he must not be allowed to approach your desk.
The country has a right to expect that all who enter here shall have
a sure and well-founded loyalty, above all question or suspicion. And
such, I insist, is the rule of the Constitution and of Congress.
As if to place the question beyond all doubt, Congress by positive
enactment requires that every Senator, before admission to his seat,
shall swear that he has “voluntarily given no aid, countenance,
counsel, or encouragement to persons engaged in armed hostility” to the
United States.[82] Here is little more than an interpretation of the
Constitution. The conclusion is plain. No person who has voluntarily
given even “countenance” or “encouragement” to another engaged in the
Rebellion can be allowed to take that oath.
After this statement of the rule, the question arises, if Philip F.
Thomas can be permitted to take the oath at your desk, or, in other
words, to “qualify” as a Senator of the United States. Is he competent?
This is a question of evidence.
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