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
Of the pretension that all these enormous powers belong to the
President, and not to Congress, I try to speak calmly and within
bounds. I mean always to be parliamentary. But a pretension so
irrational and unconstitutional, so absurd and tyrannical, is not
entitled to respect. The Senator from Ohio [Mr. WADE], in indignant
words worthy of the Senate, has branded it as slavish, and handed it
over to judgment. Born in ignorance, and pernicious in consequences,
it ought to be received most sternly, and, just in proportion as it
obtains acceptance, with execration. Such a pretension would change
the National Government from a government of law to that of a military
dictator. It would degrade our proud Constitutional Republic, where
each department has its appointed place, to one of those short-lived,
vulgar despotisms appearing occasionally as a warning to mankind. That
this pretension should be put forward in the name of the Constitution
is only another illustration of the effrontery with which the
Constitution is made responsible for the ignorance, the conceit, and
the passions of men. Sir, in the name of the Constitution, which I
have sworn to support, and which, according to my ability, I mean to
maintain, I protest against this new-fangled effort to foist into it a
pretension abhorrent to liberty, reason, and common sense.
* * * * *
At the risk of repetition, but for the sake of clearness, I repeat the
propositions on which I confidently rest.
1. Rights of Sovereignty are derived from the Constitution, and can be
exercised only in conformity with the requirements of the Constitution;
so that all penal statutes punishing treason must carefully comply with
these requirements. This is the case of the bill introduced by the
Senator from New Hampshire [Mr. CLARK].
2. Rights of War are under the Constitution in their origin, but
outside the Constitution in their execution. In other words, the
Constitution confers Rights of War, but sets no limits to them; so
that statutes to enforce them are not mere penal statutes, restricted
by the Constitution. But these rights belong to a state of war, and
necessarily cease with the war. This is the case of the House bill
under discussion.
3. All rebels are criminals, liable to punishment according to penal
statutes; and in all proceedings against them, as such, they are
surrounded by the safeguards of the Constitution.
4. Rebels in arms are public enemies, who can claim no safeguard from
the Constitution; and they may be pursued and conquered according to
the Rights of War.
5. Rights of War may be enforced by Act of Congress, which is the
highest form of the national will.
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