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
And then again, in another place, by roundabout language, he admits,
that, according to the Dred Scott decision, which he declares that
he “approves,” the people of a Territory cannot, by any legislation,
confiscate slave property, or impair the “Constitutional right” of the
master to this property in the Territory. With this limitation, pray,
where, again, is Popular Sovereignty?
But elsewhere, as if to furnish something for the other side, he
intimates a policy of inaction by the Territorial Legislature with
regard to Slavery, and asks, “Would not the _inaction_ of the local
Legislature, its refusal to provide a _Slave Code_, or to punish
offences against that species of property, exclude Slavery just as
effectually as a Constitutional prohibition?” And here is an end of the
matter.
Changing forms as often as Proteus, we yet find him admitting, first,
that Slavery goes into the Territories under the Constitution;
secondly, that the right of property in a slave cannot be destroyed
by the Territorial Legislature; and all that this Legislature can do,
by way of opposition, is to fold its hands and to seal its tongue in
inaction. What, then, is this wonderful doctrine? So far as it means
anything, it is simply this: that the people of a Territory have a
right to _introduce_ Slavery, but not to _prohibit_ it. And such is
Popular Sovereignty! Verily, between this and the Breckinridge dogma
there is about the same difference as between the much-vexed doctrines
of Transubstantiation and Consubstantiation, where there was only the
difference of a single syllable, and both involved the same thing.
Nor is even this all. The Convention at Baltimore which nominated
Mr. Douglas has declared by formal resolution, that “the measure of
restriction, whatever it may be, imposed by the Federal Constitution
on the power of the Territorial Legislature over the subject of
the domestic relations, as the same has been or shall hereafter be
finally determined by the Supreme Court of the United States, should
be respected by all good citizens, and _enforced with promptness and
fidelity by every branch of the General Government_.” And Mr. Douglas,
in accepting his nomination, has expressly recognized this doctrine,
thus in advance delivering over his bantling Popular Sovereignty to the
tender mercies of the Supreme Court.
Far different is the position of Mr. Lincoln, who has openly said, in
his debate with Mr. Douglas, “If I were in Congress, and a vote should
come up on a question whether Slavery should be prohibited in a new
Territory, in spite of the Dred Scott decision, I would vote that it
should. That is what I would do.”[171] And allow me to add, that this
doctrine of Mr. Lincoln is the doctrine of the Republican party. Any
doctrine short of this betrays the trick of Mr. Douglas.
Public-domain text, read in full here on John Shaqi.
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