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
Those were the words of James Madison, spoken in debate in the Virginia
Convention. Taken in connection with the earlier passage in the
National Convention, they seem to leave little doubt with regard to the
intention of the framers of the Constitution. They were unwilling to
give to the other House alone the power of suspension; but they saw,
that, when they authorized the Senate to try impeachments, they gave to
it the power of suspension, if it should choose to exercise it; and the
suspension of the President necessarily involved the withdrawal of the
Vice-President from this Chamber, and the duty of supplying his place.
I submit, then, on the contemporary testimony, that the special reason
why the Chief Justice is called to preside, when the President is on
trial, is less what learned Senators have assigned than because the
Vice-President under certain circumstances would not be able to be
present. It was to provide for such a contingency, being nothing less
than his necessary absence in the discharge of the high duties of Chief
Magistrate, that a substitute was necessary, and he was found in the
Chief Justice. All this was reasonable. It would have been unreasonable
not to make such a provision.
But this is not all. There is an incident, immediately after the
adoption of the Constitution, which is in harmony with this authentic
history. The House of Representatives at an early day acted on the
interpretation of the Constitution given by Mr. Madison. The first
impeachment, as we all know, was of William Blount, a Senator, and in
impeaching him the House of Representatives demanded that he should “be
sequestered from his seat in the Senate.” This was in 1797. The Senate
did not comply with this demand; but the demand nevertheless exists in
the history of your Government, and it illustrates the interpretation
which was given at that time to the powers of the Senate. The language
employed, that the person impeached should be “sequestered,” is the
traditional language of the British Constitution, constantly used, and
familiar to our fathers. In employing it, the House of Representatives
gave their early testimony that the Senate could suspend from his
functions any person impeached before them; and thus the House of
Representatives unite with Madison in supplying a sufficient reason
for the provision that on the trial of the President the Chief Justice
shall preside.
Public-domain text, read in full here on John Shaqi.
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