Charles Sumner: his complete works, volume 20 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 20 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
When the Senator interrupted me I was about to address myself to
him; for I should not have risen this time but for the remarks which
he made. I know not, Sir, why my position on this question should
justify the personalities which the Senator from Vermont considers so
essential to debate. I certainly made no allusion to him, nor do I
claim anything for myself. I am an humble worker in this Chamber, and
in this cause I have been laborious for years; but not on that account
do I claim anything, nor do I make any pretence. I know not why the
Senator should, with personality of manner and allusion, undertake to
taunt me for the position that I occupy. Do I deserve it? I represent
humbly the sentiments of the people of Massachusetts, who have sent me
here now for many years. Always loyal to these sentiments I hope to
be, even though it brings upon me the displeasure of the Senator. Sir,
I am anxious to harmonize with that Senator. I know, too, his loyalty
to this cause,--I do not doubt it; but I now appeal to that Senator to
unite with me in speeding this great measure. Let him join sincerely,
with his large intelligence, to hasten this bill before the Senate
and make it the law of the land; so would he become a benefactor to a
much-oppressed people.
Possibly he has his doubts in regard to the Jury provision. I know
other lawyers have expressed doubts before; and from the inquiry that
he made a moment ago it is perhaps fair to infer that those doubts
haunt his mind. To that I simply answer, Happily they do not haunt
mine. I know the Constitution of my country, and I know that under
that Constitution, unless my judgment fails entirely, the provision
with reference to juries is absolutely valid and constitutional.
I challenge the discussion. Let the Senator make his objections.
The original Civil-Rights Bill, which passed over the veto of the
President, solemnly declares that no evidence shall be excluded from
any court of justice, National or State, on account of color. The
nation has undertaken to regulate the testimony, not only in its own
Courts but in State Courts; and will any one pretend that it may not
regulate the jury in State Courts, when it may regulate the testimony
in State Courts? Why, Sir, there is nothing in the Constitution
touching testimony, but there are no less than three distinct
provisions relating to trial by jury; and among other terms employed
is “an impartial jury,” which is among the privileges and immunities
of the citizen. And is it wrong for Congress, in the plenitude of its
powers, anxious to do justice to all, to declare that there shall be
an impartial jury in all tribunals, whether National or State, without
regard to color? Having begun by regulating the testimony, where is the
argument which is to prevent us from regulating the jury? I need not
remind my excellent friend that originally the witnesses and the jury
were almost one and the same.
MR. EDMUNDS. They were precisely the same.
Public-domain text, read in full here on John Shaqi.
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