Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Sir, I speak frankly, according to my convictions, claiming nothing
for myself which I do not freely accord to others. In this discussion
there is no need of sharp words or of personal allusions; nor can
anything be gained by misstatement of the position of another. It is
easy to say that Senators who insist upon the War Powers of Congress
are indifferent to the Constitution; but I do not admit that any
Senator is more anxious for the Constitution than myself. The War
Powers are derived from the Constitution, but, when once set in motion,
are without any restraint from the Constitution; so that what is done
in pursuance of them is at the same time _under_ the Constitution
and _outside_ the Constitution. It is under the Constitution in its
beginning and origin; it is outside the Constitution in the latitude
with which it is conducted; but, whether under the Constitution or
outside the Constitution, all that is done in pursuance of the War
Powers is constitutional. It is easy to cry out against it; it is easy,
by misapplication of the Constitution, to call it in question; but it
is only by such misapplication, or by senseless cry, that its complete
constitutionality can for a moment be drawn into doubt.
The language of the Constitution is plain and ample. It confers upon
Congress all the specific powers incident to war, and then further
authorizes it “to make all laws which shall be necessary and proper for
carrying into execution the foregoing powers.” Here are the precise
words:--
“The Congress shall have power … to declare war, grant letters
of marque and reprisal, and make rules concerning captures
on land and water; to raise and support armies; … to provide
and maintain a navy; to make rules for the government and
regulation of the land and naval forces; to provide for calling
forth the militia to execute the laws of the Union, suppress
insurrections, and repel invasions; … _to make all laws which
shall be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested by this
Constitution_ in the Government of the United States, or in any
department _or officer thereof_.”
Can language be clearer? Other parts of the Constitution may be open
to question; but here is no room for question. The text is full and
unequivocal. The powers are enumerated. Without stopping to consider
them in detail, it will be seen that the most important are exclusively
incident to a state of war, and not to a state of peace. A declaration
of war is of course war, and “all laws necessary and proper for
carrying into execution” this declaration are called into being by the
war. Rules concerning captures on land and water are from necessity
dormant, till aroused by war; but when aroused, they are, like other
War Powers, without check from those constitutional provisions which,
just so long as peace prevails, are the boast of the citizen.
Public-domain text, read in full here on John Shaqi.
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