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 another provision of the National Constitution which testifies
still further, and, if possible, more completely. It is the limitation
of the judgment in cases of impeachment, making it political and
nothing else. It is not punishment, but protection to the Republic. It
is confined to removal from office and disqualification; but, as if
aware that this was no punishment, the National Constitution further
provides that this judgment shall be no impediment to indictment,
trial, judgment, and punishment “according to law.” Thus again is the
distinction declared between an impeachment and a proceeding “according
to law.” The former, which is political, belongs to the Senate, which
is a political body; the latter, which is judicial, belongs to the
courts, which are judicial bodies. The Senate removes from office; the
courts punish. I am not alone in drawing this distinction. It is well
known to all who have studied the subject. Early in our history it was
put forth by the distinguished Mr. Bayard, of Delaware, the father of
Senators, in the case of Blount;[151] and it is adopted by no less an
authority than our highest commentator, Judge Story, who was as much
disposed as anybody to amplify the judicial power. In speaking of this
text, he says that impeachment “is not so much designed to punish an
offender as _to secure the State against gross official misdemeanors_;
it touches neither his person nor his property, _but simply divests
him of his political capacity_.”[152] All this seems forgotten by
certain apologists on the present trial, who, assuming that impeachment
was a proceeding “according to law,” have treated the Senate to the
technicalities of the law, to say nothing of the law’s delay.
Discerning the true character of impeachment under the National
Constitution, we are constrained to confess that it is a political
proceeding before a political body with political purposes; that it
is founded on political offences, proper for the consideration of a
political body, and subject to a political judgment only. Even in
cases of treason and bribery, the judgment is political, and nothing
more. If I were to sum up in one word the object of impeachment under
the National Constitution, meaning what it has especially in view,
with its practical limitation, I should say _expulsion from office_.
The present question is, Shall Andrew Johnson, on the case before the
Senate, be expelled from office?
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