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
"Taxation is a sacred right, _essential to the existence of
Government, an incident of sovereignty_. The right of legislation
is coëxtensive with the incident, to attach it upon all persons and
property within the jurisdiction of a State."
Now I call upon Senators to remark, that this sacred right, reputed so
essential to the very existence of Government, is abridged in the bill
before us.
For myself, I do not doubt the power of Congress to fasten this
restriction upon the Territory, and afterwards upon the State, as is
always done; but I am at a loss to see on what grounds this restriction
can be placed, which will not also support the Prohibition of Slavery.
The former is an unquestionable infringement of sovereignty, as
declared by our Supreme Court, far more than can be asserted of the
latter.
I am unwilling to admit, Sir, that the Prohibition of Slavery in the
Territories is in any just sense an infringement of local sovereignty.
Slavery is an infraction of the immutable Law of Nature, and as such
cannot be considered a natural incident to any sovereignty, especially
in a country which has solemnly declared, in its Declaration of
Independence, the unalienable right of all men to life, _liberty_, and
the pursuit of happiness. In an age of civilization, and in a land of
rights, Slavery may still be tolerated _in fact_; but its prohibition
within a municipal jurisdiction by the government thereof--as by one of
the States of the Union,--cannot be considered an infraction of natural
rights; nor can its prohibition by Congress in the Territories be
regarded as an infringement of local sovereignty, founded, as it must
be, on natural rights.
Then comes another argument, most fallacious in its character. It
is asserted, that, inasmuch as the Territories were acquired by the
common treasure, they are the common property of the whole Union, and
therefore no citizen can be prevented from carrying into them his
slaves, without infringement of the equal rights and privileges which
belong to him as a citizen of the United States. But it is admitted
that the people of this very Territory, when organized as a State, may
exclude slaves, and in this way abridge an asserted right, founded on
the common property in the Territory. Now, if this can be done by the
few thousand settlers who constitute the State Government, the whole
argument founded on the acquisition of the Territories by a common
treasure is futile and evanescent.
Public-domain text, read in full here on John Shaqi.
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