Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
"If the opinion of the Supreme Court covered the whole ground of
this Act, it ought not to control the coördinate authorities of
this Government. The Congress, the Executive, and the Court must,
each for itself, be guided by its own opinion of the Constitution.
_Each public officer, who takes an oath to support the
Constitution, swears that he will support it as he understands it,
and not as it is understood by others._ It is as much the duty of
the House of Representatives, of the Senate, and of the President,
to decide upon the constitutionality of any bill or resolution
which may be presented to them for passage or approval, as it is
of the Supreme Judges, when it may be brought before them for
judicial decision.... The authority of the Supreme Court must not,
therefore, be permitted to control the Congress or the Executive,
when acting in their legislative capacities, but to have only such
influence as the force of their reasoning may deserve."[80]
[80] Senate Journal, 22d Cong. 1st Sess., pp. 438, 439.
Mark these words: "Each public officer, who takes an oath to support
the Constitution, swears that he will support it as he understands it,
and not as it is understood by others." Yes, Sir, AS HE UNDERSTANDS
IT, _and not as it is understood by others_. Does any Senator
here dissent from this rule? Does the Senator from Virginia? Does the
Senator from South Carolina? [_Here Mr. Sumner paused, but there was no
reply._] At all events, I accept the rule as just and reasonable,--in
harmony, too, let me assert, with that Liberty which scorns the dogma
of _passive obedience_, and asserts the inestimable right of private
judgment, whether in religion or politics. In swearing to support the
Constitution at your desk, Mr. President, I did not swear to support it
as _you_ understand it,--oh, no, Sir!--or as the Senator from Virginia
understands it,--by no means!--or as the Senator from South Carolina
understands it, with a kennel of bloodhounds, or at least a "dog" in
it, "pawing to get free his hinder parts," in pursuit of a slave. No
such thing. Sir, I swore to support the Constitution _as I understand
it_,--nor more, nor less.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account