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 formal accusation is founded on recent transgressions, enumerated
in articles of impeachment; but it is wrong to suppose that this is
the whole case. It is very wrong to try this impeachment merely on
these articles. It is unpardonable to higgle over words and phrases,
when, for more than two years, the tyrannical pretensions in evidence
before the Senate have been manifest, as I shall show, in terrible,
heart-rending consequences.
IMPEACHMENT A POLITICAL PROCEEDING.
Before entering upon the formal accusation instituted by the House
of Representatives of the United States in their own name and in the
name of all the people thereof, it is important to understand the
nature of the proceeding. And here on the threshold we encounter the
effort of the apologists seeking in every way to confound this great
constitutional trial with an ordinary case at _Nisi Prius_, and to
win for the criminal President an Old Bailey acquittal, where on some
quibble the prisoner is allowed to go without day. From beginning
to end this has been painfully apparent, thus degrading the trial
and baffling justice. Point by point has been pressed, sometimes by
counsel and sometimes even by Senators, leaving the substantial merits
untouched, as if, on a solemn occasion involving the safety of the
Republic, there could be any other question.
The first effort was to call the Senate, sitting for the trial of
impeachment, a Court, and not a Senate. Ordinarily, names are of
little consequence; but it cannot be doubted that this appellation
has been made the starting-point for technicalities proverbial in
courts. Constantly we have been reminded of what is called our judicial
character, and of the supplementary oath we have taken, as if a Senator
were not always under oath, and as if other things within the sphere
of his duties were not equally judicial in character. Out of this
plausible assumption has come that fine-spun thread which lawyers know
so well how to weave.
The whole mystification disappears, when we look at the National
Constitution, which in no way speaks of impeachment as judicial,
and in no way speaks of the Senate as a court. On the contrary, it
uses positive language inconsistent with this assumption and all its
pretended consequences. On this head there can be no doubt.
Public-domain text, read in full here on John Shaqi.
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