Charles Sumner: his complete works, volume 18 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 18 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Sir, what more can you ask? On the report of your own Committee you
have explicit evidence of the intent of General Ames to reside in
Mississippi; and where intent is enough, you need add nothing to it.
There is no necessity for any act beyond this declaration, which, as I
have already said, is in itself an act, as the Senator from Michigan
[Mr. HOWARD] says, taken in connection with his personal presence on
the spot,--and I would add, taken in connection with all the necessary
implications from his position, and from his acceptance of the
candidacy. This is not a case in a justice’s court, or even in a county
court. This is the Senate of the United States; and we are considering
the evidence with regard to the declarations of a gentleman already
chosen by a State of this Union to take his seat among us. We cannot
apply to these declarations any technical rule which possibly might
be applied in an inferior tribunal. We are to look at the case in its
essence, and, if satisfied of the intent, we cannot go further. The
Senate does not sit in chains. It may act according to its conscience
on the evidence, without any constraint, except from the rule of law
requiring intent.
Much stress has been laid upon the fact that General Ames held a
commission in the Army of the United States, and was actually the
military commander and provisional governor of Mississippi. What then?
Does this affect his position now? Is a soldier or officer in the Army,
is the commander of an army, shut out from the same privileges that
belong to you, Sir, and to me? Each of us may change his domicile as he
pleases, and to-morrow or next week transfer his home to another State
of the Union, and nobody can say, No. Has the soldier or the officer
fewer rights than you and I have? I think not; and I am sure that both
reason and authority sustain my conclusion. I have in my hands a volume
of the California Reports,--the twenty-eighth volume. I call attention
to the case of _The People_ v. _William Holden_, and I will not trouble
you with anything more than one clause from the marginal note, as
follows:--
“_Residence while in the service of the United States._--The
clause in the Constitution of this State, which declares that
‘no person shall be deemed to have gained or lost a residence
by reason of his presence or absence while employed in the
service of the United States,’ does not prevent a person who
removes to a county while in the service of the United States
from acquiring a residence in that county while in the said
service, if it is his intention so to do.”
“If it is his intention so to do.” These words are strictly applicable
to the case of General Ames. There was nothing in his service in
Mississippi, nothing in his high military command, to prevent him from
establishing an inhabitancy in that State, if it was his intention so
to do.
Public-domain text, read in full here on John Shaqi.
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