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
precedents, by which the National Constitution must be interpreted. How
completely they cover the charges against Andrew Johnson, whether in
the formal accusation or in the long antecedent transgressions to which
I shall call attention as an essential part of the case, nobody can
question.
Broad as this definition may seem, it is in harmony with the declared
opinions of the best minds that have been turned in this direction. Of
these none so great as Edmund Burke, who, as manager on the impeachment
of Warren Hastings, excited the admiration of all by varied stores of
knowledge and philosophy, illumined by the rarest eloquence, marking
an epoch of British history. Thus spoke the greatest genius that has
ever explained the character of impeachment:--
“It is by this tribunal that statesmen who abuse their power
are tried before statesmen and by statesmen, upon solid
principles of State morality. _It is here that those who by an
abuse of power have polluted the spirit of all laws can never
hope for the least protection from any of its forms._ It is
here that those who have refused to conform themselves to the
protection of law can never hope to escape through any of its
defects.”[156]
The value of this testimony is not diminished because the orator
spoke as manager. By professional license an advocate may state
opinions not his own, but a manager cannot. Appearing for the House of
Representatives and all the people, he speaks with the responsibility
of a judge, so that his words may be cited hereafter. Here I but
follow the claim of Mr. Fox.[157] Therefore the words of Burke are as
authoritative as beautiful.
In different, but most sententious terms, Mr. Hallam, who is so great
a light in constitutional history, thus exhibits the latitude of
impeachment and its comprehensive grasp:--
“A minister is answerable for _the justice, the honesty, the
utility of all measures_ emanating from the Crown, _as well as
for their legality_; and thus the executive administration is,
or ought to be, subordinate, in all great matters of policy, to
the superintendence and virtual control of the two Houses of
Parliament.”[158]
Thus, according to this excellent witness, even failure in justice,
honesty, and utility, as well as in legality, may be the ground of
impeachment; and the Administration should in all great matters of
policy be subject to the two Houses of Parliament,--the House of
Commons to impeach, and the House of Lords to try. Here again the case
of Andrew Johnson is provided for.
Public-domain text, read in full here on John Shaqi.
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