Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Here in the national capital, under the exclusive jurisdiction of
Congress, the FORCE which now maintains this unnatural system is
supplied by Congress. Without Congress the “uncontrolled authority”
of the master would cease. Without Congress the master would not be
master, nor would the slave be slave. Congress, then, in existing
legislation, is the power behind, which enslaves our fellow-men.
Therefore does it behoove Congress, by proper, instant action, to
relieve itself of this painful responsibility.
The responsibility becomes more painful, when it is considered that
Slavery exists at the national capital absolutely without support of
any kind in the Constitution: and here again I answer the Senator
from Kentucky [Mr. DAVIS]. Nor is this all. Situated within the
exclusive jurisdiction of the Constitution, where State rights cannot
prevail, it exists in open defiance of most cherished principles.
Let the Constitution be rightly interpreted by a just tribunal, and
Slavery must cease here at once. The decision of a court would be as
potent as an Act of Congress. And now, as I confidently assert this
conclusion, which bears so directly on the present question, pardon
me, if I express the satisfaction with which I recur to an earlier
period, shortly after I entered the Senate, when, vindicating the
principle now accepted, but then disowned, that _Freedom and not
Slavery is National_, I insisted upon its application to Slavery
everywhere within the exclusive jurisdiction of the Constitution, and
declared that Congress might as well undertake to make a king as to
make a slave.[220] That argument has never been answered; it cannot
be answered. Nor can I forget that this same conclusion, having such
important bearings, was maintained by Mr. Chase, while a member of
this body, in that masterly effort where he unfolded the relations of
the National Government to Slavery,[221] and also by the late Horace
Mann, in a most eloquent and exhaustive speech in the other House,
where no point is left untouched to show that Slavery in the national
capital is an _outlaw_.[222] Among all the speeches in the protracted
discussion of Slavery, I know none more worthy of profound study than
those two, so different in character and yet so harmonious in result.
If authority could add to irresistible argument, it would be found in
the well-known opinion of the late Mr. Justice McLean, in a published
letter, declaring the constitutional impossibility of Slavery in the
National Territories, because, in the absence of express power under
the Constitution to establish or recognize Slavery, there was nothing
for the breath of Slavery, as respiration could not exist where there
was no atmosphere. The learned judge was right, and his illustration
was felicitous. Although applied at the time only to the Territories,
it is of equal force everywhere within the exclusive jurisdiction of
Congress; for within such jurisdiction there is no atmosphere in which
Slavery can live.
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