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
This prohibition, according to the Supreme Court, is obligatory on
Congress.[236] It is also applicable to all claimed as slaves; for,
in the eye of the Constitution, every human being within its sphere,
whether Caucasian, Indian, or African, from the President to the
slave, is a _person_. Of this there is no question. But a remarkable
incident of history confirms the conclusion. As originally recommended
by Virginia, North Carolina, and Rhode Island, this proposition was
restricted to the _freeman_. Its language was,--
“No _freeman_ ought to be deprived of his life, _liberty_, or
property, but by the law of the land.”[237]
Of course, if the word _freeman_ had been adopted, this clause would
be restricted in its effective power. Deliberately rejecting this
limitation, the authors of the Amendment recorded their purpose that
no _person_, within the national jurisdiction, of whatever character,
shall be deprived of _liberty_ without due process of law. The latter
words are borrowed from Magna Charta, and they mean without due
presentment, indictment, or other judicial proceedings. But Congress,
undertaking to support Slavery at the national capital, enacts that
_persons_ may be deprived of liberty there without any presentment,
indictment, or other judicial proceedings. Therefore every _person_ now
detained as a slave in the national capital is detained in violation
of the Constitution. Not only is his liberty taken without due process
of law, but, since he is tyrannically despoiled of all the fruits
of his industry, his property also is taken without due process of
law. You talk sometimes of guaranties of the Constitution. Here is an
unmistakable guaranty, and I hold you to it.
Bringing the argument together, the conclusion may be briefly stated.
The five-headed barbarism of Slavery, beginning in violence, can have
no legal or constitutional existence, unless through positive words
expressly authorizing it. As no such positive words are found in the
Constitution, all legislation by Congress supporting Slavery must be
unconstitutional and void, while it is made still further impossible by
positive words of prohibition guarding the liberty of every _person_
within the exclusive jurisdiction of Congress.
Public-domain text, read in full here on John Shaqi.
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