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
But this argument proceeds on an assumption which cannot stand. It
assumes that Slavery is a National Institution, and that property in
slaves is recognized by the Constitution of the United States. Nothing
can be more false. By the judgment of the Supreme Court of the United
States, and also by the principles of the Common Law, Slavery is a
local municipal institution, deriving its support exclusively from
local municipal laws, and beyond the sphere of these laws it ceases to
exist, except so far as it may be preserved by the uncertain clause
for the rendition of fugitives from service. Madison thought it wrong
to admit in the Constitution the idea that there can be property in
men; and I rejoice to believe that no such idea can be found there. The
Constitution regards slaves always as "persons," with the rights of
"persons,"--never as property. When it is said, therefore, that every
citizen may enter the national domain with his property, it does not
follow, by any rule of logic or of law, that he may carry his slaves.
On the contrary, he can carry only that property which is admitted such
by the universal Law of Nature, written by God's own finger on the
heart of man. In vain do you speak of "rights" in the Territories,--as
if this august word could be profaned to characterize such a claim.
The relation of master and slave is sometimes classed with the
"domestic relations." Now, while it is unquestionably among the powers
of any State, within its own jurisdiction, to change the existing
relation of husband and wife, and to establish polygamy, I presume no
person would contend that a polygamous husband, resident in one of
the States, would be entitled to enter the National Territory with
his harem,--his property, if you please,--and there claim immunity.
Clearly, when he passes the bounds of that local jurisdiction which
sanctions polygamy, the peculiar domestic relation would cease: and it
is precisely the same with Slavery.
* * * * *
Sir, I dismiss these considerations. The Prohibition of Slavery in the
Territory of Kansas and Nebraska stands on foundations of living rock,
upheld by the early policy of the Fathers, by constant precedent, and
time-honored compact. It is now in your power to overturn it; you may
remove the sacred landmark, and open the whole vast domain to Slavery.
To you is committed this high prerogative. Our fathers, on the eve of
the Revolution, set forth in burning words, among their grievances,
that George the Third, "determined to keep open a market where men
should be bought and sold, had prostituted his negative for suppressing
every legislative attempt to prohibit or to restrain this execrable
commerce."[60] Sir, like the English monarch, you may now prostitute
your power to this same purpose. But you cannot escape the judgment of
the world, nor the doom of history.
[60] First Draught of the Declaration of Independence: Jefferson's
Writings, Vol. I. p. 23.
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