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
Of course, all these rights belong to the United States. There is
not one of them which can be denied. They are ours under that great
title of Independence by which our place was assured in the Family
of Nations. Dormant in peace, they are aroused into activity only by
the breath of war, when they all place themselves at our bidding, to
be employed at our own time, in our own way, and according to our own
discretion, subject only to that enlightened public opinion which now
rules the civilized world.
Belonging to the United States by virtue of International Law, and
being essential to self-defence, they are naturally deposited with the
_supreme power_, which holds the issues of peace and war. Doubtless
there are Rights of War, embracing confiscation, contribution, and
liberation, to be exercised by any commanding general in the field,
or to be ordered by the President, according to the exigency. Mr.
Marcy was not ignorant of his duty, when, by instructions from
Washington, in the name of the President, he directed the levy of
contributions in Mexico. In European countries all these Rights of
War which I have reviewed to-day are deposited with the executive
alone,--as in England with the Queen in Council, and in France and
Russia with the Emperor; but in the United States they are deposited
with the legislative branch, being the President, Senate, and House
of Representatives, whose joint action becomes the supreme law of the
land. The Constitution is not silent on this question. It expressly
provides that Congress shall have power, first, “to declare war,” and
thus set in motion all the Rights of War; secondly, “to grant letters
of marque and reprisal,” being two special agencies of war; thirdly,
“to make rules concerning captures on land and water,” which power of
itself embraces the whole field of confiscation, contribution, and
liberation; fourthly, “to raise and support armies,” which power, of
course, comprehends all means for this purpose known to the Rights
of War; fifthly, “to provide and maintain a navy,” plainly according
to the Rights of War; sixthly, “to make rules for the government and
regulation of the land and naval forces,” another power involving
confiscation, contribution, and liberation; and, seventhly, “to
provide for calling forth the militia to execute the laws of the Union,
suppress insurrections, and repel invasions,” a power which again
sets in motion all the Rights of War. But, as if to leave nothing
undone, the Constitution further empowers Congress “to make all laws
which shall be necessary and proper for carrying into execution the
foregoing powers.” In pursuance of these powers, Congress has already
enacted upwards of one hundred articles of war for the government of
the army, one of which provides for the security of public stores taken
from the enemy. It has also sanctioned the blockade of the Rebel ports
according to International Law. And only at the present session we
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