Charles Sumner: his complete works, volume 18 (of 20) — John Shaqi
Charles Sumner: his complete works, volume 18 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 18 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Now, Sir, allow me to say,--I say it with entire respect,--the
confusion in this debate has arisen from confounding the rule of law
with the evidence under that rule. The rule, I say, is precise, that
there must be intent. But how shall the intent be proved? Sometimes
in one way, sometimes in another; sometimes by long-continued
residence,--by purchase of property,--by the establishment of a
home,--by the establishment of a place of business,--by all those
circumstances and incidents which show fixity of purpose. All this
comes under the head of evidence. It does not touch the rule of law
behind.
The Senator from Illinois says there must be an act. Allow me to
say that words are sometimes acts, and especially if associated
with important events. It is a familiar phrase of law that language
enters into what we call the _res gestæ_; language is welded into
the transaction and becomes a part of it. Words then become things;
and when were words more things than when the commanding general in
Mississippi distinctly declared his purpose to resign his commission in
the Army of the United States and accept a nomination as Senator? Here
was a declaration constituting part of the _res gestæ_, and in itself
an act.
I am not speaking merely on theory. I have in my hand a case, which I
think, when I read it, you will see is applicable: I refer to Metcalf’s
Reports, volume three, page 200, the case of _Kilburn_ v. _Bennett_. In
the statement of facts is the following passage:--
“For the purpose of showing with what intent the defendant
went to Tyngsborough on the 27th of April, he offered to prove
that about three weeks before that day he told S. Shattuck, in
whose house he then resided, that he should leave Groton before
the 1st of May, and remove with his family to Tyngsborough, to
reside at his brother’s, and make his house a home, until he
should go to Illinois. But the judge ruled that the evidence
was inadmissible, and rejected it.”
The case was carried before the full bench, when the ruling of the
judge below was set aside, and the Court observed as follows:--
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