Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The pretension that in the Territories Slavery may be “voted up”
or “voted down,” as the few people there see fit, is a novelty,
and its partisans, besides a general oblivion of great principles,
most strangely forget the power of Congress “to regulate commerce
with foreign nations and among the several States,” limited only by
temporary exception in favor of “the migration or importation of such
persons as any of the States now existing shall think proper to admit”
until 1808. These express words, solemnly accepted as part of the
Constitution, attest the power of Congress to prevent “the migration”
of slaves into the Territories. The migration or importation of slaves
into any State existing at the adoption of the Constitution was
tolerated until 1808; but from that date the power of Congress became
plenary to prohibit their “importation” from abroad or “migration”
among existing States, while from the beginning this power was plenary
to prevent their “migration” into the Territories. And as early as 1804
Congress exercised this power, by providing that no slave should be
introduced into the Territory of Orleans, except by a citizen of the
United States removing thither for actual settlement, and at the time
_bonâ fide_ owner of such slave; and every slave imported or brought
into the Territory, contrary to this provision, is declared free.[138]
In this unquestioned exercise of a beneficent power, at a time when
the authors of the Constitution were still on the stage, and the
temporary exception in favor of existing States was in force, we have a
precedent of unanswerable authority, establishing the power of Congress
to exclude Slavery from the Territories, even if it be assumed, that,
under the Constitution, this five-headed Barbarism can find place
anywhere within the exclusive jurisdiction of the Nation.
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