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
MR. SUMNER. The Senator from Louisiana will pardon me, if
I suggest that there is an incontrovertible fact which shows that
the evasion was on his part. The record testifies not only that he
did not reply, but that I was cut off from replying by efforts and
votes of himself and his friends. Let him consult the "Congressional
Globe," and he will find it all there.[172] I can conceive that it
might be embarrassing for him to reply, since, had he declined to
carry out the clause in question, it would be awkward, at least, to
vindicate the Fugitive Slave Act, which is derived from an identical
clause in the Constitution. And yet there are Senators on this floor,
who, careless of the flagrant inconsistency, vindicate the exercise
of power by Congress under the "fugitive" clause, while their own
States at home deny any power of Congress under the associate clause,
on the "privileges of citizens," assume to themselves complete right
to determine the obligations of this clause, and then, in practical
illustration of their assumption, ruthlessly sell into Slavery colored
citizens of the North.
[172] Congressional Globe, 33d Cong. 1st Sess., July 18, 1854, Vol.
XXVIII. pp. 1790-91.
MR. BUTLER [_interrupting_]. Does the Senator allude to my State?
MR. RUSK. No,--to mine.
MR. BUTLER. If he means South Carolina, I will reply to him.
MR. SUMNER. I do allude to South Carolina, and also to other
Southern States,--but especially to South Carolina. If I allude
to these States, it is not to bring up and array the hardships of
individual instances, but simply to show the position occupied by them
on a constitutional question, identical with that in the Fugitive Act.
And now, at the risk of repetition, if I can have your attention for a
brief moment, without interruption, I will endeavor to state anew this
argument.
The rules of interpretation, applicable to the clause of the
Constitution securing to "the citizens of each State all privileges
and immunities of citizens in the several States," are equally
applicable to its associate clause, forming part of the same section,
in the same article, and providing that "persons held to service or
labor in one State, under the laws thereof, escaping into another,
shall be delivered up, on claim of the party to whom such service or
labor may be due." Of this there can be no doubt.
If one of these clauses is regarded as a compact between the States, to
be carried out by them respectively, according to their interpretation
of its obligations, without intervention of Congress, then the other
must be so regarded; nor can any legislative power be asserted of
Congress under one clause which is denied under the other. This
proposition cannot be questioned. Now mark the consequences.
Public-domain text, read in full here on John Shaqi.
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