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
Meanwhile the question was discussed by friend and foe, being always in
the blaze of the public press, when, on the 14th of April, 1842, our
champion returned to it again, asserting the power of Congress with new
vigor and detail. This was after the introduction of resolutions by
Mr. Giddings, setting forth the relations of the National Government
to Slavery, where it was declared without reservation that each of
the several States composing this Union has full and _exclusive_
jurisdiction over the subject of Slavery within its own territory.[160]
The Ex-President, while accepting the other resolutions, was unwilling
to vote for this complete surrender to the Slave States, and here again
he was driven to find opportunity for speech on another question. It
was on the Civil and Diplomatic Appropriation Bill, and the salaries
of our foreign ministers, when, with masterly ability, in a speech of
two days,[161] he reviewed our foreign relations, warning especially
against war with England and Mexico; and then by natural transition
depicted again the power of Congress in such emergency. These are his
words:--
“It is a War Power. I say it is a War Power; and when your
country is actually in war, whether it be a war of invasion or
a war of insurrection, Congress has power to carry on the war,
and must carry it on according to the Laws of War; and by the
Laws of War an invaded country has all its laws and municipal
institutions swept by the board, and Martial Law takes the
place of them. This power in Congress has perhaps never been
called into exercise under the present Constitution of the
United States. But when the Laws of War are in force, what, I
ask, is one of those laws? It is this: that, when a country
is invaded, and two hostile armies are set in martial array,
_the commanders of both armies have power to emancipate all the
slaves in the invaded territory_.”[162]
Still further, he announces, in words precisely applicable to the
present hour:--
“Nor is this a mere theoretic statement. The history of South
America shows that the doctrine has been carried into practical
execution within the last thirty years. Slavery was abolished
in Colombia, first, by the Spanish General Murillo, and,
secondly, by the American General Bolivar. It was abolished by
virtue of a military command, given at the head of the army;
and its abolition continues to be law to this day.”[163]
Condensing then the whole subject, and bringing it all into one final
statement, he says:--
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