Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The Constitution and International Law are each involved in this
discussion. Even if the question itself were minute, it would be
important from such relations. But it concerns vast masses of property,
and, what is more than property, it concerns the liberty of men, while
it opens for decision the means to be employed in bringing this great
war to a close. In every aspect the question is transcendent; nor is it
easy to pass upon it without the various lights of _jurisprudence_, of
_history_, and of _policy_.
Sometimes it is called a constitutional question exclusively. This is
a mistake. In every Government bound by written Constitution nothing
is done except in conformity with the Constitution. But in the present
debate there need be no difficulty or doubt under the Constitution.
Its provisions are plain and explicit, so that they need only to be
recited. The Senator from Pennsylvania [Mr. COWAN] and the Senator from
Vermont [Mr. COLLAMER] have stated them strongly; but I complain less
of their statement than of its application. Of course, any proposition
really inconsistent with these provisions must be abandoned. But if,
on the other hand, it be consistent, then is the way open to its
consideration in the lights of history and policy.
If there be any difficulty now, it is not from the question, but
simply from the facts,--as often in judicial proceedings it is less
embarrassing to determine the law than the facts. If things are seen
as they really are and not as Senators fancy or desire, if the facts
are admitted in their natural character, then must the constitutional
power of the Government be admitted also, for this power comes into
being on the occurrence of certain facts. Only by denying the facts can
the power itself be drawn in question. But not even the Senator from
Pennsylvania or the Senator from Vermont denies the facts.
* * * * *
The facts are simple and obvious. They are all expressed or embodied in
the double idea of Rebellion and War. Both of these are facts patent
to common observation and common sense. It would be an insult to the
understanding to say that at the present moment there is no Rebellion
or that there is no War. Whatever the doubts of Senators, or their
fine-spun constitutional theories, nobody questions that we are in
the midst of _de facto_ Rebellion and in the midst of _de facto_ War.
We are in the midst of each and of both. It is not enough to say that
there is Rebellion; nor is it enough to say that there is War. The
whole truth is not told in either alternative. Our case is double, and
you may call it Rebellion or War, as you please, or you may call it
both. It is Rebellion swollen to all the proportions of war, and it is
War deriving its life from rebellion. It is not less Rebellion because
of its present full-blown grandeur, nor is it less War because of the
traitorous source whence it draws its life.
Public-domain text, read in full here on John Shaqi.
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