Mark those words, if you please, Sir--

“that they ought to have withdrawn from the House.

“It has already been seen, that, when it is ascertained that

members have improperly voted, on a division, who were not

in the House when the question was put, if this takes place

before the numbers are declared by the Speaker, such votes are

disallowed by him at once, and not included in the numbers

declared. If the fact is not ascertained until after the

numbers are declared, it is then necessary that there should

be a motion and vote of the House for their disallowance; and

this may take place, for anything that appears to the contrary,

at any time during the session, and has in fact taken place

after the lapse of several days from the time the votes were

given.”[20]

Thus much for the remedy by disallowance; and this brings me to the

proposition by amending the journal. That remedy, from the nature

of the case, is applicable to an error apparent on the face of the

journal. I ask Senators to note the distinction. It is applicable to an

error apparent on the face of the journal. If the interest of a Senator

appeared only by evidence _aliunde_, by evidence outside, as, for

instance, that he had some private interest in the results of a pending

measure by which he was disqualified, his vote could be disallowed

only on motion; but if the incapacity of the Senator to vote on a

particular occasion appears on the journal itself, I submit that the

journal must be amended by striking out his vote. The case is patent.

We have already seen, by the opinions of eminent judges, great masters

of law in different ages, that what is contrary to the principles of

Natural Law must be void; and English judges tell us that even an Act

of Parliament must be treated as void, if it undertakes to make a man

judge in his own case.

Now, Sir, apply that principle to your journal. It has recognized a

man as judge in his own case. I insist that the recognition was void.

Is not the true remedy by amending the journal so as to strike out his

name? The journal discloses the two essential facts,--first, that as

Senator he was party to the proceedings, secondly, that as Senator he

was judge in the proceedings; and since these two facts appear on the

face of the journal, it seems to me that the only substantial remedy is

by amending it, so that a precedent of such a character shall not find

place hereafter in the records of the Senate.

Sir, this question is not insignificant; it is grave. It belongs to the

privileges of the Senate. I might almost say, it is closely associated

with the character of the Senate. Can Senators sit here and allow one

of their number, on an important occasion, to come forward and play at

the same time the two great parts, party and judge? And yet these two

great parts have been played, and your journal records the performance.

Suppose Jesse D. Bright, some years since expelled from the Senate,

after animated debate lasting weeks, and our excellent Judiciary

Committee reporting in his favor,--suppose he had undertaken to vote

for himself,--is there a Senator who would not have felt it wrong to

admit his vote? The defendant showed no want of hardihood, but he

did not offer to vote for himself. But, if Mr. Stockton can vote for

himself, how can you prevent a Senator from voting to save himself from

expulsion? The rule must be the same in the two cases. Therefore I ask

that the journal be rectified, in harmony with Parliamentary Law and

the principles of Universal Law.

In making this motion, I have no other motive than to protect the

rights of the Senate, and to establish those principles of justice

which will be a benefit to our country for all time. You cannot lightly

see a great principle sacrificed. You abandon your duty, if you allow

an elementary principle of justice to be set at nought in this Chamber.

Be it, Sir, our pride to uphold those truths and to stand by those

principles. I know no way in which we can do it now so completely as in

the motion I have made. The vote of Mr. Stockton was null and void. It

should be treated as if it had not been given.

I have no doubt that the motion to correct the journal would be in

order even at a late day. I believe that at any day any Senator might

rise in his place and move to expunge from the journal a record in

itself derogatory to the body. I have in my hands a reference to

the case of John Wilkes, who, you will remember, just before our

Revolution, was excluded from Parliament, while his competitor,

Luttrell, was declared duly elected. The decision of Parliament, so the

history records, convulsed the whole kingdom for thirteen years, but

after that long period it was expunged from the journal,--I now quote

the emphatic words,--“as being subversive of the rights of the whole

body of electors of this kingdom.” I submit, Sir, the record in your

journal is subversive of the great principle of jurisprudence on which

the rights of every citizen depend.

Mr. Reverdy Johnson followed, criticizing Mr. Sumner. He

concluded by saying: “Even supposing there was the slightest

want of delicacy in casting a vote upon such a question by

the member whose seat is contested, it was in the particular

instance more than justified by the circumstances existing at

the time the vote was cast.”

Charles Sumner: his complete works, volume 14 (of 20) · 第 15 / 125 题