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
_does not_ deny the _Habeas Corpus_, I oppose my assertion, peremptory
as his own, that it _does_,--and there I leave that issue.
Mr. President, I welcome the sensibility which the Senator from
Virginia manifests at the exposure of the Fugitive Slave Act. He is
the author of that enormity. From his brain came forth the soulless
monster. He is, therefore, its natural guardian. The Senator is, I
believe, a lawyer. And now, since at last he shows parental solicitude
to shield his offspring, he must do more than vainly parry the
objection that it denies the great writ of _Habeas Corpus_. It is true,
Sir, if anything but Slavery were in question, such an objection, if
merely plausible, would be fatal; but it is not to be supposed that
the partisans of an institution founded on denial of human rights can
appreciate the proper efficacy of that writ. Sir, I challenge the
Senator to defend his progeny,--not by assertion, but by reason. Let
him rally all the ability, learning, and subtilty which he can command,
and undertake the impossible work.
Let him answer this objection: The Constitution, by an amendment
which Samuel Adams hailed as a protection against the usurpations of
the National Government, and which Jefferson asserted was its very
"foundation," has solemnly declared that "the powers not delegated to
the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people."
Stronger words could not be employed to limit the powers under the
Constitution, and to protect the people from all assumptions of the
National Government, particularly in derogation of Freedom. By the
Virginia Resolutions of 1798, which the Senator is reputed to accept,
this limitation of the powers of the National Government is recognized
and enforced. The Senator himself is understood, on all questions not
affecting the claims of Slavery, to espouse this rule in its utmost
strictness. Let him now indicate, if he can, any article, clause,
phrase, or word in the Constitution which gives to Congress any power
to establish a "uniform law throughout the United States" on the
subject of fugitive slaves. Let him now show, if he can, from the
records of the National Convention, one jot of evidence inclining to
any such power. Whatever its interpretation in other respects, the
clause on which this bill purports to be founded gives no such power.
Sir, nothing can come out of nothing; and the Fugitive Slave Act is,
therefore, without any source or origin in the Constitution. It is an
open and unmitigated usurpation.
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