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
There is a familiar saying of jurisprudence, that it is the part of
a good judge to amplify his jurisdiction: _Boni judicis est ampliare
jurisdictionem_. This maxim, borrowed from the horn-books, was
originally established for the sake of justice and humanity, that they
might not fail; but it has never been extended to other exercises
of authority. On the contrary, all accepted maxims are against such
assumption in other cases. Never has it been said that it is the part
of a good presiding officer to amplify his power; and there is at least
one obvious reason: a presiding officer is only an _agent_, acting
always in presence of his _principal_. Whatever the promptings of the
present moment, such an amplification can find no sanction in the
National Constitution, or in that Parliamentary Law from which there is
no appeal.
Thus, which way soever we turn,--whether to the National Constitution,
or to Parliamentary Law, as illustrated in England or the United
States,--we are brought to conclude that the Chief Justice in the
Senate Chamber is not in any respect Chief Justice, but only presiding
officer; that he has no judicial powers, or, in other words, powers
_to try_, but only the powers of a presiding officer not a member
of the body. According to the injunction of the Constitution, he
can _preside_, but this is all, unless other powers are superadded
by concession of the Senate, subject always to the constitutional
limitation that the Senate alone can _try_, and, therefore, alone can
rule or vote on questions which enter into the trial. The function of
a presiding officer may be narrow, but it must not be disparaged. For
a succession of generations, great men in the law, Chancellors and
Chief Justices, have not disdained to discharge it. Out of the long and
famous list I mention one name of surpassing authority: Somers, the
illustrious defender of constitutional liberty, unequalled in debate as
in judgment, exercised this function without claiming other power. He
was satisfied to preside. Such an example is not unworthy of us. If the
present question could be determined by sentiments of personal regard,
I should gladly say that our Chief Justice is needed to the Senate
more than the Senate is needed to him. But the National Constitution,
which has regulated the duties of all, leaves us no alternative. We
are the Senate; he is the presiding officer,--although, whether in the
Court Room or the Senate Chamber, he is always the most exalted servant
of the law. This character he cannot lose by change of seat. As such
he lends to this historic occasion the dignity of his presence and
the authority of his example. Sitting in that Chair, he can do much
to smooth the course of business, and to fill the Chamber with the
spirit of justice. Under the rules of the Senate, he can become its
organ,--but nothing more.
EXPULSION OF THE PRESIDENT.
OPINION IN THE CASE OF THE IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF
THE UNITED STATES, MAY 26, 1868.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account