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
Of course, a barbarism like Slavery, having its origin in force and
nothing else, can have no legal or constitutional support except
from positive sanction. It can spring from no doubtful phrase. It
must be declared by unambiguous words, incapable of a double sense.
Here I repeat an argument which I have presented before, when on
other occasions arraigning the pretensions of Slavery under the
Constitution, but which, so long as Slavery claims immunity, cannot
be allowed to drop out of sight. It begins with the great words of
Lord Mansfield, who, in the memorable case of Somerset, said: “The
state of Slavery is of such a nature that it is incapable of being
introduced on any reasons, moral or political, but only by _positive
law_.… It is so odious that nothing can be suffered to support it
but POSITIVE LAW.”[234] This principle has been adopted by tribunals
even in slaveholding States.[235] But I do not stop to dwell on these
authorities. Even the language, “exclusive legislation in all cases
whatsoever,” cannot be made to sanction Slavery. It wants those
positive words, leaving nothing to implication, which are obviously
required, especially when we consider the professed object of the
Constitution, as declared in its Preamble, to “establish justice and
secure the blessings of liberty.” There is no power in the Constitution
to make a king, or, thank God, to make a slave; and the absence of all
such power is hardly more clear in one case than in the other. The word
_king_ nowhere occurs in the Constitution, nor does the word _slave_.
But if there be no such power, then all Acts of Congress sustaining
Slavery at the national capital must be unconstitutional and void. The
stream cannot rise higher than the fountain head; nay, more, _nothing
can come out of nothing_; and if there be nothing in the Constitution
authorizing Congress to make a slave, there can be nothing valid in
any subordinate legislation. It is a pretension which has thus far
prevailed simply because Slavery predominated over Congress and courts.
Public-domain text, read in full here on John Shaqi.
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