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
Congress, in abstaining from all exercise of power under the first
clause, when required to protect the liberty of colored citizens,
while assuming power under the second clause, in order to obtain the
surrender of fugitive slaves, shows an inconsistency, which becomes
more monstrous when it is considered that in the one case the general
and commanding interests of Liberty are neglected, while in the other
the peculiar and subordinate interests of Slavery are carefully
assured; and such an exercise of power is an alarming evidence of that
influence of Slavery in the National Government which has increased, is
increasing, and ought to be overthrown.
Looking more precisely at these two clauses, we arrive at the true
conclusion. According to express words of the Constitution, in the
Tenth Amendment, "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"; and since no powers are
delegated to the United States in the clause relating to "privileges
and immunities of citizens," or in the associate clause of the same
section, relating to the surrender of "persons held to service or
labor," therefore all legislation by Congress, under either clause,
must be an assumption of undelegated powers, and an infraction of
rights secured to the States respectively, or to the people: and such,
I have already said, is the Fugitive Slave Act.
I might go further, and, by the example of South Carolina, vindicate
to Massachusetts, and every other State, the right to put such
interpretation upon the "fugitive" clause as it shall think proper. The
Legislature of South Carolina, in a series of resolutions adopted in
1844, asserts the following proposition:--
"_Resolved_, That free negroes and persons of color are not
citizens of the United States _within the meaning of the
Constitution_, which confers upon the citizens of one State the
privileges and immunities of citizens in the several States."[173]
[173] Reports and Resolutions of the General Assembly of South
Carolina, Sess. 1844, December 5, p. 160.
Here is a distinct assumption of right to determine the _persons_ to
whom certain words of the Constitution are applicable. Now nothing
can be clearer than this: If South Carolina may determine for itself
whether the clause relating to the "privileges and immunities of
citizens" be applicable to _colored citizens_ of the several States,
and may solemnly deny its applicability, then may Massachusetts, and
every other State, determine for itself whether the other clause,
relating to the surrender of "persons held to service or labor," be
really applicable to _fugitive slaves_, and may solemnly deny its
applicability.
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