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
Next comes the letter itself. And here mark, if you please, first,
the date, which is the 1st of March. This was at the very moment
when the Rebellion was completely organized, and had assumed at all
points the undisguised front of war. By various acts of violence it
had forcibly dispossessed the National Government of all its military
posts in the whole extensive region, except Fort Sumter and Fort
Pickens, which it held in siege,--while, by other formal acts, it had
assumed to dispossess the National Government of all jurisdiction,
civil or military, throughout this region. That such acts constituted
“levying of war,” within the meaning of the Constitution, is too plain
for argument. This phrase, borrowed from the early statute of Edward
the Third, has received positive interpretation in the country of its
origin, according to which its meaning is clear. There is no better
authority than Sir William Blackstone, who, when considering what is
“levying of war,” says: “This may be done by taking arms, not only
to dethrone the king, but under pretence to reform religion or the
laws, or to remove evil counsellors, or other grievances, whether
real or pretended: for the law does not, neither can it, permit any
private man or set of men to interfere forcibly in matters of such high
importance.”[129] And Lord Mansfield, Chief-Justice of England, on the
trial of Lord George Gordon, declared it to be “the unanimous opinion
of the Court, that an attempt, by intimidation and violence, to force
the repeal of a law, was a levying war against the king, and high
treason.”[130] I quote these authorities simply that this statement
may not rest at any point on my assertion. At the date of this letter,
then, there was actual levying of war by Jefferson Davis and his
associates against the Government of the United States. And let me add,
that this levying of war was not merely that moderate constructive
levying of war described by Blackstone, but open, earnest, positive
war, backed by armies and by batteries.
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