American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
the reach of the appropriate authority, the domestic legislatures of the
different States.
* * * * *
Of the declaration of our independence, which has also been quoted in
support of the perilous doctrines now urged upon us, I need not now
speak at large. I have shown on a former occasion how idle it is to rely
upon that instrument for such a purpose, and I will not fatigue you by
mere repetition. The self-evident truths announced in the Declaration
of Independence are not truths at all, if taken literally; and the
practical conclusions contained in the same passage of that declaration
prove that they were never designed to be so received.
The articles of confederation contain nothing on the subject; whilst the
actual Constitution recognizes the legal existence of slavery by various
provisions. The power of prohibiting the slave trade is involved in that
of regulating commerce, but this is coupled with an express inhibition
to the exercise of it for twenty years. How then can that Constitution
which expressly permits the importation of slaves authorize the National
Government to set on foot a crusade against slavery?
The clause respecting fugitive slaves is affirmative and active in its
effects. It is a direct sanction and positive protection of the right of
the master to the services of his slave as derived under the local laws
of the States. The phraseology in which it is wrapped up still leaves
the intention clear, and the words, "persons held to service or labor
in one State under the laws thereof," have always been interpreted to
extend to the case of slaves, in the various acts of Congress which
have been passed to give efficacy to the provision, and in the judicial
application of those laws. So also in the clause prescribing the ratio
of representation--the phrase, "three-fifths of all other persons,"
is equivalent to slaves, or it means nothing. And yet we are told that
those who are acting under a Constitution which sanctions the existence
of slavery in those States which choose to tolerate it, are at liberty
to hold that no law can sanction its existence.
It is idle to make the rightfulness of an act the measure of sovereign
power. The distinction between sovereign power and the moral right
to exercise it has always been recognized. All political power may be
abused, but is it to stop where abuse may begin? The power of declaring
war is a power of vast capacity for mischief, and capable of inflicting
the most wide-spread desolation. But it is given to Congress without
stint and without measure. Is a citizen, or are the courts of justice
to inquire whether that, or any other law, is just, before they obey or
execute it? And are there any degrees of injustice which will withdraw
from sovereign power the capacity of making a given law?
* * * * *
Public-domain text, read in full here on John Shaqi.
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