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
If any person, in the name of the United States, has undertaken to
close a school for little children, whether white or black, it is
important that we should know the authority under which he assumes to
act. Surely nobody here will be willing to take the responsibility for
such an act. It is difficult to conceive that one of the first fruits
of national victory and the reëstablishment of national power should
be an enormity not easy to characterize in any terms of moderation.
Jefferson tells us that in a certain contest there is no attribute of
the Almighty “which can take side with us.”[71] And permit me to say,
that, if, in the war unhappily existing, the military power of the
United States is employed in closing schools, there is no attribute
of the Almighty which must not be against us; nor can we expect any
true success. Sir, in the name of the Constitution, of humanity, and
of common sense, I protest against such impiety under sanction of the
United States.
The proper rule of conduct is simple. It is found in the instructions,
to which I referred the other day, from the British Commissioner in
a conquered province of India. After indicating certain crimes to be
treated with summary punishment, he proceeds to say: “All other crimes
you will investigate according to the forms of justice usual in the
country, modified as you may think expedient; and in all cases you will
endeavor to enforce the existing laws and customs, _unless where they
are clearly repugnant to reason and natural equity_.”[72] Here is the
proper limitation. Anything else is unworthy of a civilized country.
Whatever is clearly repugnant to reason and equity must be rejected.
Surely such a thing cannot be enforced. But what can be more clearly
repugnant to reason and equity than the barbarous law which an officer,
in the name of the National Government, has threatened to enforce?
The resolution was agreed to.
* * * * *
June 4th, a report from the Secretary of War, in answer to
this resolution, contained a letter of appointment, dated May
19, 1862, conferring “all and singular the powers, duties,
and functions pertaining to the office of Military Governor,
including the power to establish all necessary offices and
tribunals, and suspend the writ of _Habeas Corpus_.” This was
followed, May 20th, by instructions, wherein it is said: “Upon
your wisdom and energetic action much will depend.… It is not
deemed necessary to give any specific instruction, but rather
to confide in your sound discretion to adopt such measures as
circumstances may demand. Specific instructions will be given,
when requested. You may rely upon the perfect confidence and
full support of the Department in the performance of your
duties.”[73]
STAND BY THE ADMINISTRATION.
LETTER TO ----, JUNE 5, 1862.
Public-domain text, read in full here on John Shaqi.
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