Charles Sumner: his complete works, volume 07 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 07 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
There is a higher agency that may be invoked, which is at the same time
under the Constitution and above the Constitution: I mean Martial Law
in its plenitude, and declared by solemn Proclamation. It is under the
Constitution, because the War Power to which it belongs is positively
recognized by the Constitution. It is above the Constitution, because,
when set in motion, like necessity, it knows no other law. For the time
it is Law and Constitution. The civil power, in mass and detail, is
superseded, and all rights are subordinate to this military magistracy.
Other agencies, small and great, executive, legislative, and even
judicial, are absorbed in a transcendent triune power, which, for
the time, declares its absolute will, while holding alike the scales
of justice and the sword of the executioner. The existence of this
power nobody questions. If rarely exercised in our country, and never
largely, the power is none the less fixed in our political system. As
well strike out the kindred law of self-defence, belonging to states as
to individuals. Martial Law is only a form of self-defence.
That this law might be employed against Slavery, without impediment
from State Rights, was first proclaimed in the House of Representatives
by a Massachusetts statesman, who was a champion of Freedom, John
Quincy Adams. [_Applause._] His authority is such that I content myself
with the sanction of his name, which becomes more commanding when we
consider the circumstances under which he first put forth this great
rule, then repeated it, and then again most defiantly vindicated it.
Student of history, and of Public Law in all its forms, from earliest
youth, under the teaching of his father, counsellor-at-law, Senator
of the United States, Minister at foreign courts, including Holland,
Prussia, Russia, England, negotiator of Peace at Ghent, then Secretary
of State and President, this illustrious citizen, after such varied
experience, entered the House of Representatives, where it became his
duty to expound the War Power in our government, especially with regard
to Slavery. On such a question, his whole life was the open book from
which he spoke with magistral authority. No well-worn, dog-eared volume
was needed. Himself was enough. And the circumstances of the debate,
with the sensitiveness of the hour, gave new force to the principle
which he announced.
Public-domain text, read in full here on John Shaqi.
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