Therefore I must be pardoned, if I renew my Protest against the competency of the present Committee. I protest against it as constituted in flagrant violation of Parliamentary Law; and I protest especially against the acting Chairman, who undertakes to direct this inquiry and to examine witnesses, as not coming within the conditions established by rule, by usage, and by reason. The record shows that he did not move the inquiry, nor did he coöperate with the mover, or take any part in sustaining him, while in open speech he showed himself “against the thing.” I object to the acting Chairman as to a judge or juror disqualified to sit in a court.
I make this second Protest with infinite reluctance. But the Committee leave me no alternative. In their invitation, in the nature of a summons, and now in their subpœna, they compel me to declare my objection to their competency. Seeing it as clearly as I do, and feeling it as strongly as I do, I cannot avoid expressing it. If I do so twice, it is because the Committee have laid me twice under this obligation. Beyond that sentiment of duty which is with me a rule of life, I am encouraged to this effort by the hope that, even if the present Committee cannot be corrected in conformity with Parliamentary Law, its incompetency is so clearly exposed that it will be powerless hereafter as a precedent. If obliged to witness the present dishonor of a time-honored rule, I would at least save this safeguard for the future.
In thus declaring my profound sense of the wrong that has been attempted, I do all in my power to maintain Parliamentary Law inviolate. I regret that I cannot do more.
With this explanation, and yielding to the command of the Committee, I offer myself for examination on matters proper for inquiry; but I do it under protest.
Charles Sumner.
Senate Chamber, 27th March, 1872.
Mr. Carpenter moved that the two Protests be returned to Mr. Sumner, as disrespectful to the Committee. On a subsequent day the motion was withdrawn.