Resolutions in the Senate, July 20, 1867.
The misconduct of the President, and his obstruction of important legislation, naturally aroused judgment and indignation. The question was then raised with regard to the privileges of the Senate. July 20th, in the debate on adjournment, Mr. Fessenden, of Maine, said: “The time has come, undoubtedly, when there is a very serious difference of opinion in Congress upon a very important question. With regard to the Senate, I have considered that upon that question it was not proper for a Senator to express an opinion, or even, if he could avoid it, to form an opinion.” Mr. Sumner never doubted the complete immunity of the Senate, and its duty to consider these things in advance of impeachment, and he spoke accordingly. On the day of Mr. Fessenden’s remarks he offered the following resolutions, which were ordered to be printed.
Resolutions declaring the privileges of debate in the Senate with regard to civil officers liable to impeachment.
Whereas it has been asserted that the conduct of a civil officer liable to impeachment cannot be freely considered and condemned by Senators in the course of legislative proceedings;
And whereas such an opinion is calculated to impair the just privileges of debate: Therefore,
Resolved, That the Constitution, in providing for the impeachment of “all civil officers” of the National Government, embracing the President, members of the Cabinet, diplomatic representatives, and other civil functionaries, did not intend to limit debate in the Senate on the conduct of any civil officer, so far as the same may arise in legislative proceedings; that any other interpretation is inconsistent with the privileges of the Senate, and tends directly to shield misconduct in civil office.
Resolved, That the Constitution expressly declares, that, when sitting to try an impeachment, the Senate “shall be on oath or affirmation,” thus superadding a judicial oath to that already taken as Senator; that from the taking of this oath the judicial character of the Senate begins, and until then each Senator is free to express himself openly on the conduct of any civil officer, and thereupon to invite the judgment of the Senate and the country; that at times this may be a duty, and is always a sacred right, which cannot be renounced or abridged.[240]