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
This is all, Sir, I have to say at this time on this head. There were
other remarks made by Senators over the way to which I might reply.
There was one that fell from my learned friend, the Senator from
Maryland, [Mr. JOHNSON,] in which he alluded to myself. He represented
me as having cited many authorities from the House of Lords, tending
to show, in the case of Mr. Stockton, that this person at the time was
not entitled to vote on the question of his seat. The Senator does
not remember that debate, I think, as well as I do. The point which I
tried to present to the Senate, and which, I believe, was affirmed by
a vote of the body, was simply this: that a man cannot sit as a judge
in his own case. That was all,--at least so far as I recollect; and I
submitted that Mr. Stockton at that time was a judge undertaking to
sit in his own case.[96] Pray, Sir, what is the pertinency of this
citation? Is it applicable at all to the Senator from Ohio? Is his case
under consideration? Is he impeached at the bar of the Senate? Is he in
any way called in question? Is he to answer for himself? Not at all.
How, then, does the principle of law, that no man shall sit as a judge
in his own case, apply to him? How does the action of the Senate in the
case of Mr. Stockton apply to him? Not at all. The two cases are as
wide as the poles asunder. One has nothing to do with the other.
Something has been said of the “interest” of the Senator from Ohio
on the present occasion. “Interest”! This is the word used. We are
reminded that in a certain event the Senator may become President,
and that on this account he is under peculiar temptations, which may
swerve him from justice. The Senator from Maryland went so far as to
remind us of the large salary to which he might succeed,--not less
than twenty-five thousand dollars a year,--and thus added a pecuniary
temptation to the other disturbing forces. Is not all this very
technical? Does it not forget the character of this great proceeding?
Sir, we are a Senate, and not a Court of _Nisi Prius_. This is not
a case of assault and battery, but a trial involving the destinies
of this Republic. I doubt if the question of “interest” is properly
raised. I speak with all respect for others, but I submit that it is
inapplicable. It does not belong here. Every Senator has his vote, to
be given on his conscience. If there be any “interest” to sway him,
it must be that of justice, and the safety of the country. Against
these all else is nothing. The Senator from Ohio, whose vote is now
in question, can see nothing but those transcendent interests by the
side of which office, power, and money are of small account. Put in
one scale these interests, so dear to the heart of the patriot, and in
the other all the personal temptations which have been imagined, and I
cannot doubt, that, if the Senator from Ohio holds these scales, the
latter will kick the beam.
THE CHIEF JUSTICE, PRESIDING IN THE SENATE, CANNOT RULE OR VOTE.
Public-domain text, read in full here on John Shaqi.
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