I see no objection to the second section. Here I agree with the
Senator from New Hampshire. I am not so sure about the first section.
There seem to me two objections to it. Whether they are sufficiently
strong to justify the rejection of the bill will be for the Senate to
determine. I simply call attention to them.
The first is, that it positively sets aside what, down to this day, on
the ruling of the highest magistrate of our country, has been the law
in impanelling juries. To this the Senator aptly replies, that it is
important to obtain uniformity of practice in the United States courts.
There I agree with him. If the proposition involved nothing else, I
should not venture even a suggestion with regard to it; but it reaches
further. It sets aside what my friend, the learned Senator from
Maryland [Mr. JOHNSON] knows well was the decision of Chief Justice
Marshall, and what has been also the practice in many States of the
Union. It is the practice in my own State. It is the practice also in
the District of Columbia. Against that practice I can venture only with
a certain hesitation.
Then comes another consideration of greater importance. So far as I
comprehend the special bearing of this provision, it is to meet an
actual case of unprecedented historical importance; it is to prepare
the way for the trial of that grandest criminal in the world’s history,
now in the custody of the National Government. Sir, that trial should
be approached carefully, most discreetly, and I humbly submit, unless
reasons to the contrary are found of the strongest character, with
absolute reference to the existing law of the land. I shrink from
any change in the law to meet an individual case, even though of
transcendent importance, like that to which I refer. Indeed, the very
importance of the case, and especially its political character, puts us
on our guard.
I would also ask whether there is not in the proposition something of
an _ex post facto_ character. I am not going to argue against the power
of Congress to make changes in modes of procedure and of trial after
the crime has been perpetrated; but I cannot doubt, that, in view of
the positive limitation of the Constitution, it is a very doubtful
course to enter upon.
Mr. Davis, of Kentucky, who was not disposed to agree with
Mr. Sumner, said: “I certainly very heartily approve of
the opinions and sentiments expressed by the Senator from
Massachusetts.”
The bill was postponed, and allowed to drop.
CARRYING OUT THE GUARANTY OF REPUBLICAN GOVERNMENT, AND ENFORCEMENT OF
THE PROHIBITION OF SLAVERY.