Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
There is one other precedent to which I ought to allude, and it will be
for the Senate to say whether they will follow it. It is the resolution
of the Senate in the spring of 1860, on the motion of Mr. Mason,
chairman of the committee raised especially to persecute the supposed
associates of John Brown, and taking one of them into custody, bringing
him into this Chamber, propounding to him certain interrogatories which
he refused to answer. Mr. Mason finally brought forward a resolution
that he should be committed to the common jail.[107] That, Sir, is the
precedent which it is now proposed to follow. The Senate will consider
whether they will follow the lead of Mr. Mason, author of the Fugitive
Slave Bill, Chairman of the Harper’s Ferry Investigating Committee,
and afterward a Rebel, in committing a citizen to the common jail, or
whether they will follow the better precedent of the Senate at a better
day and under better auspices.
On this motion I ask for the yeas and nays.
The yeas and nays were ordered, with the result, for the
amendment, Yeas 31, Nays 27.
A second resolution, containing a provision for the continuance
of the Committee, with a view to holding the witness in
custody after the close of the session until he should answer
as required, which Mr. Sumner denounced as contrary to all
parliamentary precedent, prevailed against a motion to strike
out this part by Yeas 20, Nays 30.
Corresponding resolutions were subsequently adopted in the case
of Mr. Ramsdell, who had likewise persisted in refusing to
answer.
* * * * *
May 27th, on a resolution submitted by Mr. Wilson, of
Massachusetts, for the discharge of these persons from custody
“immediately upon the final adjournment of the session,” Mr.
Sumner spoke as follows:--
MR. PRESIDENT,--This question is important, primarily, as it concerns
the liberty of the citizen; but it is made important also by the
attempt, to which we have just listened, to establish for the Senate a
prerogative which on history and precedent does not belong to it.
Some days ago I took the ground, which I shall take to-day, that on
the close of the session of the Senate any imprisonment founded on its
order must cease. Of that conclusion, whether on history or law, I have
not the least doubt. I have listened to the argument of the Senator
from New York, [Mr. CONKLING,] and to his comment upon the authorities
adduced. The answer, to my mind, is obvious. It will be found simply in
stating one of those authorities and calling attention to its precise
language. The Senator from Ohio [Mr. SHERMAN] has already presented
to-day what I had the honor of quoting on the first day of this
discussion, the authoritative words of May in his work on Parliamentary
Law, and also the solemn judgment of Lord Denman, Chief-Justice of
England. May says, speaking of prisoners committed by order of the
House of Commons, that they
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