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
Our best American lights are similar, beginning with the “Federalist”
itself, which teaches that impeachment is for “those offences which
proceed from _the misconduct of public men_, or, in other words, from
the abuse or violation of some public trust: they are of a nature which
may with peculiar propriety be denominated _political_, as they relate
chiefly to injuries done immediately to the society itself.”[159] If
ever injuries were done immediately to society itself, if ever there
was an abuse or violation of public trust, if ever there was misconduct
of a public man, all these are now before us in the case of Andrew
Johnson. The “Federalist” has been echoed ever since by all who have
spoken with knowledge and without prejudice. First came the respected
commentator, William Rawle, who specifies among causes of impeachment
“the fondness for the inordinate extension of power,” “the influence
of party and of prejudice,” “the seductions of foreign states,” “the
baser appetite for illegitimate emolument,” and “the involutions
and varieties of vice, too many and too artful to be anticipated by
positive law,” all resulting in what the commentator says are “not
unaptly termed _political offences_.”[160] And thus Rawle unites with
the “Federalist” in stamping upon impeachable offences the epithet
“political.” If in the present case there has been on the part of
Andrew Johnson no base appetite for illegitimate emolument and no
yielding to foreign seductions, there has been most notoriously the
influence of party and prejudice, also to an unprecedented degree an
individual extension of power, and an involution and variety of vice
impossible to be anticipated by positive law,--all of which, in gross
or in detail, is impeachable. Here it is in gross. Then comes Story,
who, writing with the combined testimony of English and American
history before him, and moved only by a desire of truth, records
his opinion with all the original emphasis of the “Federalist.” His
words are like a judgment. The process of impeachment, according to
him, is intended to reach “personal misconduct, or gross neglect, or
usurpation, or habitual disregard of the public interests, in the
discharge of the duties of _political office_”; and the commentator
adds, that it “is to be exercised over offences which are committed
by public men in violation of their public trust and duties,” that
“the offences to which it is ordinarily applied are of a _political_
character,” and that, strictly speaking, “the power partakes of a
_political_ character.”[161] Every word here is like an ægis for the
present case. The later commentator, Curtis, is, if possible, more
explicit even than Story. According to him, an impeachment “is not
necessarily a trial for crime”; its purposes “lie wholly beyond the
penalties of the statute or the customary law”; and this commentator
does not hesitate to say that it is a proceeding “to ascertain _whether
Public-domain text, read in full here on John Shaqi.
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