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
Expulsion from office is not unknown to our proceedings. By the
National Constitution a Senator may be expelled with “the concurrence
of two thirds,” precisely as a President may be expelled with “the
concurrence of two thirds.” In each case the same exceptional vote of
two thirds is required. Do not the two illustrate each other? From the
nature of things, they are essentially similar in character,--except
that on expulsion of the President the motion is made by the House
of Representatives at the bar of the Senate, while on expulsion of
a Senator the motion is made by a Senator. How can we require a
technicality of proceeding in the one which is rejected in the other?
If the Senate is a court, bound to judicial forms on the expulsion of
the President, must it not be the same on the expulsion of a Senator?
But nobody attributes to it any such strictness in the latter case.
Numerous precedents attest how, in dealing with its own members, the
Senate seeks substantial justice without reference to form. In the
case of Blount, which is the first in our history, the expulsion
was on the report of a committee, declaring him “guilty of a high
misdemeanor, entirely inconsistent with his public trust and duty as
a Senator.”[153] At least one Senator has been expelled on simple
motion.[154] Others have been expelled without any formal allegation or
formal proof.
According to another provision of the National Constitution, overriding
both cases, “each House may determine the rules of its proceedings.”
The Senate, on the expulsion of its own members, has already done this,
and set an example of simplicity. But it has the same power over its
rules of proceeding on the expulsion of the President; and there can
be no reason for simplicity in the one case not equally applicable in
the other. Technicality is as little consonant with the one as with the
other. Each has for its object the public safety. For this the Senator
is expelled; for this, also, the President is expelled. _Salus populi
suprema lex._ The proceedings in each case must be in subordination to
this rule.
There is one formal difference, under the National Constitution,
between the power to expel a Senator and the power to expel the
President. The power to expel a Senator is unlimited in terms. The
Senate may, “with the concurrence of two thirds, expel a member,”
nothing being said of the offence; whereas the President can be
expelled only for “treason, bribery, or _other high crimes and
misdemeanors_.” A careful inquiry will show that under the latter words
there is such a latitude as to leave little difference between the two
cases. This brings us to the question of impeachable offences.
POLITICAL OFFENCES ARE IMPEACHABLE OFFENCES.
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