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 proposition was rejected by the decisive vote of eight States
in the negative to three in the affirmative. We all see, in reading
it now, that it was rejected on good grounds. It would obviously be
improper to confer upon the other branch of Congress the power, by its
own vote, to bring about a suspension of the Chief Magistrate. But
it did not follow, because the Convention rejected the proposition
that a suspension could take place on a simple vote of the House
of Representatives, that therefore the President could not be
suspended. When the Senate was declared to have the sole power to
try impeachments, it was by necessary implication invested with the
power, incident to every court, and known historically to belong to
the English court of impeachment, from which ours was borrowed, of
suspending the party accused. All this was apparent at the time, if
possible, more clearly than now. It was so clear, that it furnishes an
all-sufficient reason for the provision that the Chief Justice should
preside on the trial of the President, without resorting to the later
reason which has been put forward in this debate.
But we are not driven to speculate on this question. While the
Constitution was under discussion in the Virginia Convention, George
Mason objected to some of the powers conferred upon the President,
especially the pardoning power. This was on June 18, 1788, and will be
found under that date in the reports of the Virginia Convention. This
earnest opponent of the Constitution said that the President might
“pardon crimes which were advised by himself,” and thus further his own
ambitious schemes. This brought forward Mr. Madison, who had sat, as
we all know, throughout the debates of the National Convention, and
had recorded its proceedings, and who, of all persons, was the most
competent to testify at that time as to the intention of the framers.
What said this eminent authority? I give you his words:--
“There is one security in this case to which gentlemen may not
have adverted. If the President be connected in any suspicious
manner with any person, and there be grounds to believe he will
shelter him, the House of Representatives can impeach him;
they”--
evidently referring to the Senate, or the Senate in connection with the
House--
“can remove him, if found guilty; _they can suspend
him, when suspected_, and the power will devolve on the
Vice-President.”[95]
Mark well these words,--“they can suspend him, when suspected.” If only
suspected, the President can be suspended. What next? “And his power
will devolve on the Vice-President.” In which event, of course, the
Vice-President would be occupied elsewhere than in this Chamber.
Public-domain text, read in full here on John Shaqi.
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