Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
[152] Debates, etc., of the Massachusetts Convention, February 1,
1788. See also Life of Samuel Adams, by William V. Wells, Vol. III.
pp. 271, 272, 325, 331.
Beyond all question, the National Government, ordained by the
Constitution, is not general or universal, but special and particular.
It is a government of limited powers. It has no power which is not
delegated. Especially is this clear with regard to an institution
like Slavery. The Constitution contains no power to make a king, or
to support kingly rule. With similar reason it may be said, that it
contains no power to make a slave, or to support a system of Slavery.
The absence of all such power is hardly more clear in the one case
than in the other. But if there be no such power, all national
legislation upholding Slavery must be unconstitutional and void. The
stream cannot be higher than the fountain-head. Nay, more, _nothing can
come out of nothing_; the stream cannot exist, if there be no spring
from which it is fed.
* * * * *
At the risk of repetition, but for the sake of clearness, review
now this argument, and gather it together. Considering that Slavery
is of such an offensive character that it can find sanction only in
"positive law," and that it has no such "positive" sanction in the
Constitution,--that the Constitution, according to its Preamble,
was ordained to "establish justice" and "secure the blessings of
liberty,"--that, in the Convention which framed it, and also elsewhere
at the time, it was declared not to sanction Slavery,--that, according
to the Declaration of Independence, and the Address of the Continental
Congress, the Nation was dedicated to "Liberty," and the "rights of
human nature,"--that, according to the principles of the Common Law,
the Constitution must be interpreted openly, actively, and perpetually
for Freedom,--that, according to the decision of the Supreme Court, it
acts upon slaves, _not as property_, but as PERSONS,--that,
at the first organization of the National Government under Washington,
Slavery had no national favor, existed nowhere on the national
territory, beneath the national flag, but was openly condemned by
Nation, Church, Colleges, and Literature of the time,--and, finally,
that, according to an Amendment of the Constitution, the National
Government can exercise only powers delegated to it, among which
is none to support Slavery,--considering these things, Sir, it is
impossible to avoid the single conclusion, that Slavery is in no
respect a national institution, and that the Constitution nowhere
upholds property in man.
* * * * *
There is one other special provision of the Constitution, which I have
reserved to this stage, not so much from its superior importance, but
because it fitly stands by itself. This alone, if practically applied,
would carry Freedom to all within its influence. It is an Amendment
proposed by the First Congress, as follows:--
Public-domain text, read in full here on John Shaqi.
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