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
The framers of the Constitution were wise and careful, having a reason
for what they did, and understanding the language they employed. They
did not, after discussion, incorporate into their work any superfluous
provision; nor did they without design adopt the peculiar arrangement
in which it appears. Adding to the record compact an express grant of
power, they testified not only their desire for such power in Congress,
but their conviction that without such express grant it would not
exist. But if express grant was necessary in this case, it was equally
necessary in all the other cases. _Expressum facit cessare tacitum._
Especially, in view of its odious character, was it necessary in
the case of fugitives from service. Abstaining from any such grant,
and then grouping the bare compact with other similar compacts,
separate from every grant of power, they testified their purpose most
significantly. Not only do they decline all addition to the compact
of any such power, but, to render misapprehension impossible, to
make assurance doubly sure, to exclude any contrary conclusion, they
punctiliously arrange the clauses, on the principle of _noscitur a
sociis_, so as to distinguish all the grants of power, but especially
to make the new grant of power, in the case of public records, stand
forth in the front by itself, severed from the naked compacts with
which it was originally associated.
Thus the proceedings of the Convention show that the founders
understood the necessity of _powers_ in certain cases, and, on
consideration, jealously granted them. A closing example will
strengthen the argument. Congress is expressly empowered "_to establish
an uniform rule of_ Naturalization, and _uniform laws_ on the subject
of Bankruptcies, _throughout the United States_." Without this
provision these two subjects would have fallen within the control of
the States, leaving the Nation powerless _to establish a uniform rule_
thereupon. Now, instead of the existing compact on fugitives from
service, it would have been easy, had any such desire prevailed, to
add this case to the clause on Naturalization and Bankruptcies, and
to empower Congress TO ESTABLISH A UNIFORM RULE FOR THE SURRENDER
OF FUGITIVES FROM SERVICE THROUGHOUT THE UNITED STATES. Then, of
course, whenever Congress undertook to exercise the power, all State
control of the subject would be superseded. The National Government
would have been constituted, like Nimrod, the mighty Hunter, with
power to gather the huntsmen, to halloo the pack, and to direct
the chase of men, ranging at will, without regard to boundaries
or jurisdictions, throughout all the States. But no person in the
Convention, not one of the reckless partisans of Slavery, was so
audacious as to make this proposition. Had it been distinctly made, it
would have been as distinctly denied.
Public-domain text, read in full here on John Shaqi.
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