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
MR. PRESIDENT,--Too tardily the house of a Rebel General in
Virginia[83] has been taken by the Government, and set apart as a
military hospital for the reception of our soldiers, wounded and maimed
in battle. At least three churches here in Washington have been seized
and occupied for the same purpose. All applaud these acts, which
make the house more historic and the churches more sacred than ever
before. But pray, Sir, under what authority is all this? Not according
to any contract or agreement; not according to any “due process of
law”; not even according to any statute. And yet the language of
the Constitution is positive: “No soldier shall in time of peace be
quartered _in any house_, without the consent of the owner; nor in
time of war, but in a manner to be prescribed by law.” If it be time
of peace now, then is the Constitution violated by quartering soldiers
in these houses without the consent of the owner. If it be time of war
now, then is the Constitution violated by quartering these soldiers
in a manner not prescribed by law,--unless we are ready to admit that
the provisions of the Constitution are entirely inapplicable to what
is done under the military requirements of self-defence, which is a
supreme law, above all other laws or constitutions devised by men. But
if the Constitution, in a case where it is singularly explicit, can
be disregarded without question in the exercise of the Rights of War,
it is vain to invoke its provisions in other cases, where it is less
explicit, in restraint of the Rights of War.
It is true that the Constitution ambiguously provides against certain
forfeitures, as incident to an “attainder of treason”; it also
positively prohibits “_ex post facto_ laws”; and it nobly declares that
“no person shall be deprived of life, liberty, or property, without due
process of law.” But nothing in the House bills for the confiscation of
property or the liberation of slaves is obnoxious to either of these
provisions. There is no attainder of treason, no _ex post facto_ law,
and no taking of property without due process of law; for the judicial
proceedings which these bills institute are competent for the purpose.
The House bills are not criminal statutes, nor do they institute
criminal proceedings. Therefore do I assert unhesitatingly that these
bills are above constitutional objection. They are as constitutional
as the Constitution itself. It was once said of a subtile spirit of
criticism, that it would find a heresy in the Lord’s Prayer; and such a
spirit, permit me to say, is needed to find anything unconstitutional
in these bills.
Public-domain text, read in full here on John Shaqi.
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