Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
If it should be said, that the adoption of this conclusion would
affect the character of many laws enacted by States, and thus
far recognized as ancillary to the National Militia, it may be
replied, that the possibility of these consequences cannot justly
influence our conclusions on a question which must be determined
by acknowledged principles of Constitutional Law. In obedience to
these same principles, the Supreme Court, in the case of _Prigg_ v.
_Pennsylvania_, after asserting a power over fugitive slaves which
is controverted, has proceeded to annul a large number of statutes
in different States. Mr. Justice Wayne in this case said, "that the
legislation by Congress upon the provision, as the supreme law of the
land, _excludes all State legislation upon the same subject_,--and
that no State can pass any law or regulation, or interpose such as
may have been a law or regulation when the Constitution of the United
States was ratified, _to superadd to_, control, qualify, or impede
a remedy enacted by Congress for the delivery of fugitive slaves to
the parties to whom their service or labor is due."[8] Without the
sanction of any express words in the Constitution, and chiefly, if not
solely, impressed by the importance of consulting "unity of purpose or
uniformity of operation"[9] in the legislation with regard to fugitive
slaves, the Court assumed a power over this subject, and then, as a
natural incident to this assumption, excluded the States from all
sovereignty in the premises.
[8] Prigg _v._ Pennsylvania, 16 Peters, 636.
[9] Ibid., 624.
If this rule be applicable to the pretended power over fugitive slaves,
it is still more applicable to the power over the militia which nobody
questions. Besides, I know of no power which so absolutely requires
what has been regarded as an important criterion, "unity of purpose or
uniformity of operation." No uniform military organization can spring
from opposite or inharmonious systems, and all systems proceeding from
different sources are liable to be opposite or inharmonious.
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