The traitor thus appearing and speaking in open court continued his treason.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
That he still continues in the Senate, and even challenges this inquiry, does not prove his innocence any more than it proves his guilt.
The question is still open, to be considered carefully, gravely, austerely, if you will, but absolutely without passion or prejudice,--anxious only that justice should prevail.
Under the Constitution, the Senate, in a case like the present, is absolute judge, free to exercise its power according to its own enlightened discretion.
It may justly declare a Senator unworthy of a seat in this body on evidence defective in form, or on evidence even which does not constitute positive crime.
A Senator may deserve expulsion without deserving death; for in the one case the proceeding is to purge the Senate, while in the other it is punishment of crime.
It is obvious that the Senate may act on any evidence satisfactory to show that one of its members is unworthy of his seat, without bringing it to the test of any rule of law.
Surely it is of no small moment to know if there be among us any person unworthy of all this confidence.
The election was in every respect constitutional; and yet, in violation of all the obligations of the Constitution, and all the duties of patriotism, a movement was instantly organized in the Slave States to set aside this election, by…
The movement began in South Carolina, a State always mad with treason; and before the 1st of January then next succeeding, this State formally separated from the Union, renounced the National Government, and ranged in open rebellion.
Georgia, Alabama, Mississippi, and Louisiana followed; and the precise object of this rebellion was to form a new government, with Slavery as its corner-stone.
No longer a mere conspiracy, no longer a simple purpose, no longer a mere outbreak, it was an organized body, or rather several organized bodies massed into one, and affecting the character and substance of government.
Remember, too, that in all its doings and pretensions it was a Rebel government, set in motion by conspiracy and sustained by declared Rebellion, which openly disowned the National Government, openly seized the national forts, and openly…
Of this flagrant Rebellion Jefferson Davis became the chosen chief, as he had already been for a long time the animating spirit.
His voice and his hand were voice and hand of the Rebellion itself.
That transcendent outrage, in itself the culmination of the Rebellion, destined to arouse at last a forbearing people, had not yet occurred; but it was at hand.
All this is notorious; and if the old maxim, Noscitur a sociis, or, according to our familiar English, “A man is known by the company he keeps,” be not entirely obsolete, then this inquiry must commence with a presumption against such an…
It is a fact, as I understand, that he has been since arrested for treason, and is now in the hands of the law, charged with the highest crime known to justice, while the author still occupies a seat in the Senate.
Perhaps this is only another illustration of the saying of Antiquity, that the law is a cobweb, holding the weak, but which the powerful break through with impunity.
That such acts constituted “levying of war,” within the meaning of the Constitution, is too plain for argument.
At the date of this letter, then, there was actual levying of war by Jefferson Davis and his associates against the Government of the United States.
And let me add, that this levying of war was not merely that moderate constructive levying of war described by Blackstone, but open, earnest, positive war, backed by armies and by batteries.
It is well known, that, at the organization of the Government, the title of “Excellency,” together with all other titles, was, after debate, carefully rejected for our Chief Magistrate; but the author of this treasonable letter will not…
Not by titles of courtesy do loyal Senators address a traitor.
Let us at all hazards prevent the extension of Slavery and the increase of the Slave Power.





