When I say this, I do not speak vaguely; for I am sure that every student of this subject will admit that a judgment like that which I have adduced on a question of Parliamentary Law, and in favor of the rights of the subject, is of an…
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.
I am sure that no judge worthy of a place on the bench will hesitate in this judgment.
I do not doubt the power and the duty of the Court.
The rule is fixed and positive; and I now have no hesitation in declaring that it will be the duty of the judge, on a writ of Habeas Corpus, as soon as this Senate closes its session, to set these prisoners at liberty, unless the Senate…
When I state this conclusion, I feel that I stand on supports that cannot be shaken.
If you undertake to detain these prisoners beyond the expiration of this session, you become usurpers, the Senate of the United States usurps power that does not belong to it; and, Sir, this is more flagrant, when it is considered that it…
But the stream cannot rise higher than the fountain-head.
I have shown that this power to commit beyond the session does not exist in the House of Commons, from which we derive such prerogatives or privileges as we have.
Who is there here that will venture to claim for the Senate a prerogative which this American authority disclaims for legislative bodies in our country, unless expressly sanctioned by Constitutional Law?
What Senator will set up his research or his conclusion against that of this exemplar?
Here you have the authentic words of this special authority, interpreting the English Parliamentary Law, and also declaring our law.
In this country the power to imprison is either incidental to or expressly conferred upon all our legislative assemblies; and in some of the States it is also regulated by express constitutional provision.
According to the Parliamentary Law of England there is a difference between the Lords and Commons in this respect: the former being authorized, and the latter not, to imprison for a period beyond the session.
The citizen is imprisoned only by the order of the Senate, and the power to imprison or to detain expires with the session.
Prolong the Committee, if you please, till doomsday; you cannot by that in any way affect the liberty of the citizen.
I dismiss the whole argument founded upon the prolongation of the Committee as entirely irrelevant.
But the power to protract the imprisonment of a citizen must be kindred with that to imprison.
Such privileges as the Senate has are derived from the House of Commons rather than from the House of Lords, so far as they are derived from either of these bodies.
An attempt has been made to claim for the Senate prerogatives which belong to the House of Lords.
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…
Blessed are the peacemakers!” Here is our opportunity to obtain this blessing; but we must begin by stopping our war-dance about the island, kept up at immense cost for more than a year.
Happily, Slavery is abolished; but, alas! wrong is not banished from the earth, nor has it ceased to be organized in human institutions, or to be maintained by governments.
Here have I labored steadfastly from early life, bearing obloquy and enmity; and here again I pledge the energies which remain to me, even if obloquy and enmity survive.
How powerless their efforts against these immortal principles!
Nor do I fear any political party which assails these sacred promises, even if it falsely assume the name of Democrat.





