Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It will be observed that the original statute which undertakes to
create Slavery in Maryland does not attaint the blood beyond two
generations. It is confined to “all negroes and other slaves,” and
their “children,” “during their natural lives.” These are slaves, but
none others, unless a familiar rule of interpretation is reversed, and
such words are extended rather than restrained. And yet it is by virtue
of this colonial statute, with all its ancillary barbarism, adopted
by Congress, that slaves are still held at the national capital. It
is true that at the time of its adoption there were few slaves here
to whom it was applicable. For ten years previous, the present area
of Washington, according to received tradition, contained hardly
five hundred inhabitants, all told, and these were for the most part
laborers distributed in houses merely for temporary accommodation. But
all these musty, antediluvian, wicked statutes, of which you have seen
a specimen, took their place at once in the national legislation, and
under their supposed authority slaves multiplied, and Slavery became
a national institution. And it now continues only by virtue of this
Slave Code borrowed from early colonial days, which, though flagrantly
inconsistent with the Constitution, has never yet been repudiated by
Court or Congress.
I have said that this Slave Code, even assuming it applicable to
slaves beyond the “natural lives” of two generations, is flagrantly
inconsistent with the Constitution. On this point the argument is so
plain that it may be shown like a diagram.
Under the Constitution, Congress has “exclusive legislation in all
cases whatsoever” at the national capital. The cession by Maryland was
without condition, and the acceptance by Congress was also without
condition; so that the territory fell at once within this exclusive
jurisdiction. But Congress can exercise no power except in conformity
with the Constitution. Its exclusive jurisdiction in all cases
whatsoever is controlled and limited by the Constitution, out of which
it is derived. Now, looking at the Constitution, we find, first, that
there are no words authorizing Congress to establish or recognize
Slavery, and, secondly, that there are positive words which prohibit
Congress from the exercise of any such power. The argument, therefore,
is twofold: first, from the absence of authority, and, secondly, from
positive prohibition.
Public-domain text, read in full here on John Shaqi.
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