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
In abandoning the reason which I have thus traced to contemporary
authority, you launch upon an uncertain sea. You may think the reason
assigned by the commentators to be satisfactory. It may please your
taste; but it cannot be accepted as an authentic statement. If the
original propositions were before me, I should listen to any such
suggestion with the greatest respect. I do not mean to say now, that,
as a general rule, it has not much in its favor; but I insist, that,
so far as we are informed, the reason of the commentators was an
afterthought, and that there was another reason which sufficiently
explains the rule now under consideration.
I respectfully submit, Sir, that you cannot proceed in the
interpretation of this text upon the theory adopted by the learned
Senators over the way. You must take the text as it is. You cannot go
behind it; you cannot extend it. Here it is: “When the President of
the United States is tried, the Chief Justice shall preside.” That
is the whole, Sir. “The Chief Justice shall preside.” No reason is
assigned. Can you assign a reason? Can you supply a reason? Especially
can you supply one which is not sustained by the authentic contemporary
history of the Constitution, and particularly when you have authentic
contemporary history which supplies another reason? Unless I am much
mistaken, this disposes of the objection, proceeding from so many
Senators, that the Senator from Ohio cannot take the oath because he
may possibly succeed to the President now impeached at your bar.
He may vote or not, as he pleases; and there is no authority in the
Constitution, or any of its contemporary expounders, to criticize him.
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