Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Nor does this pretension derive any support from the much debated
clause in the Constitution for the rendition of fugitives from “service
or labor,” on which so much stress is constantly put. I do not occupy
your time now on this head for two reasons: first, because, having on
a former occasion exhibited with great fulness the character of that
clause, I am unwilling now thus incidentally to open the question upon
it; and, secondly, because, whatever may be its character,--admitting
that it confers power upon Congress,--and admitting, also, what is
often denied, that, in defiance of commanding rules of interpretation,
the equivocal words there employed have that “irresistible clearness”
which is necessary in taking away Human Rights,--yet nothing can be
clearer than that the fugitives, whosoever they be, are regarded under
the Constitution as _persons_, and not as _property_.
I disdain to dwell on that other argument, brought forward by Senators,
who, denying the Equality of Men, speciously assert the Equality of the
States, and from this principle, true in many respects, jump to the
conclusion, that Slave-Masters are entitled, in the name of Equality,
to take slaves into the National Territories, under solemn safeguard
of the Constitution. This argument comes back to the first pretension,
that slaves are recognized as “property” in the Constitution. To that
pretension, already amply exposed, we are always brought, nor can any
sounding allegation of State Equality avoid it. And yet this very
argument betrays the inconsistency of its authors. If persons held
to service in the Slave States are “property” under the Constitution,
then under the provision known as “the three-fifths rule,” which
founds representation in the other House on such persons, there is a
_property representation_ from the Slave States, with voice and vote,
while there is no such _property representation_ from the Free States.
With glaring inequality, the representation of Slave States is founded,
first, on “persons,” and, secondly, on a large part of their pretended
property, while the representation of the Free States is founded
simply on “persons,” leaving all their boundless millions of property
unrepresented. Thus, whichever way we approach it, the absurdity of
this pretension becomes manifest. Assuming the pretension of property
in man under the Constitution, you upset the whole theory of State
Equality, for you disclose a gigantic inequality between the Slave
States and the Free States; and assuming the Equality of States, in the
House of Representatives as elsewhere, you upset the whole pretension
of property in man under the Constitution.
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