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
These things prepare us to comprehend the true character of the change
with regard to the Territories. In 1787 all existing national domain
was promptly and unanimously dedicated to Freedom, without opposition
or criticism. The interdict of Slavery then covered every inch of
soil belonging to the National Government. Louisiana, an immense
region beyond the bounds of the original States, was subsequently
acquired, and in 1820, after a vehement struggle which shook the whole
land, discomfited Freedom was compelled, by a dividing line, to a
partition with Slavery. This arrangement, which, in its very terms, was
exclusively applicable to a particular territory purchased from France,
has been accepted as final down to the present session of Congress;
but now, Sir, here in 1854, Freedom is suddenly summoned to surrender
even her hard-won moiety. Here are the three stages: at the first, all
consecrated to Freedom; at the second, only half; at the third, all
grasped by Slavery. The original policy of the Government is absolutely
reversed. Slavery, which at the beginning was a sectional institution,
with no foothold anywhere on the National Territory, is now exalted
as national, and all our broad domain is threatened by its blighting
shadow.
* * * * *
Thus much for what I have to say, at this time, of the original policy,
consecrated by the lives, opinions, and acts of our fathers. Certain
reasons are adduced for the proposed departure from their great
example, which, though of little validity, I would not pass in silence.
The Prohibition of Slavery in the Territories is assailed, as beyond
the power of Congress, and an infringement of local sovereignty. On
this account, at this late day, it is pronounced unconstitutional.
Now, without considering minutely the sources from which the power
of Congress over the national domain is derived,--whether from
express grant in the Constitution to make rules and regulations for
the government of the Territory, or from power, necessarily implied,
to govern territory acquired by conquest or purchase,--it seems to
me impossible to deny its existence, without invalidating a large
portion of the legislation of the country, from the adoption of the
Constitution down to the present day. This power was asserted before
the Constitution. It was not denied or prohibited by the Constitution
itself. Exercised from the first existence of the Government, it has
been recognized by the three departments, Executive, Legislative, and
Judicial. Precedents of every kind are thick in its support. Indeed,
the very bill now before us assumes a control of the Territory clearly
inconsistent with those principles of sovereignty which are said to be
violated by Congressional prohibition of Slavery.
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