Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
1. By a resolution of Congress bearing date February 6, 1869,
“respecting the provisional governments of Virginia and Texas,”[199]
it is declared “that the persons now holding civil offices in the
provisional governments of Virginia and Texas, who cannot take and
subscribe the oath prescribed by the Act entitled ‘An Act to prescribe
an Oath of Office, and for other Purposes,’ approved July 2, 1862,
shall, on the passage of this Resolution, be removed therefrom.”
By these plain words is the purpose of Congress manifest. The test
oath is prescribed for all persons “holding civil offices in the
provisional government of Virginia.” But, by requirement in the first
Reconstruction Act, the provisional government lasts until the State is
admitted to representation.
2. Then comes a well-known rule of interpretation, requiring that
words shall be construed _ut res magis valeat quam pereat_,--in other
words, so that the object shall prevail rather than perish. But the
very object of the Reconstruction Act on which this question arises was
to keep Rebels from the State government. This object is apparent from
beginning to end. But this object is defeated by any interpretation
disallowing the test oath.
3. Then comes another rule of interpretation, which is of equal
obligation. It is, that we are always to incline so as to protect
Liberty and Right; and this rule, for double assurance, is embodied in
the very text of the statute whose meaning is now under consideration,
being the last section, as follows:--
“That all the provisions of this Act, and of the Acts to which
this is supplementary, shall be construed liberally, to the end
that all the intents thereof may be fully and perfectly carried
out.”[200]
Following this rule, we find still another reason for so interpreting
the statute as to require the test oath.
Thus by the reason of the case, by the natural signification of the
text, by the light furnished from the supplementary statute, by the
rule of interpretation that the object must prevail rather than
perish, and by that other commanding rule which requires a liberal
interpretation favorable to Liberty and Human Rights,--by all these
considerations, any one of which alone is enough, while the whole make
a combination of irresistible, infinite force, are we bound to require
the test oath.
There is one remark of Andrew Johnson, just, wise, and patriotic, for
which I can forget many derelictions of duty, when he said, “For the
Rebels back seats.” I borrow this language. The time will come when
Rebels will be welcome to the full copartnership of government; but
this can be only when all are secure in their rights. Until then, “for
the Rebels back seats.”
Public-domain text, read in full here on John Shaqi.
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