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
Thus do I vindicate for Congress all the Rights of War. If, assuming
the powers of Congress, any further question be raised as to the extent
of these rights, I reply, briefly, that there is no right, according to
received authorities, against a hostile sovereign or prince, embracing,
of course, confiscation of property, real as well as personal, which
may not in our discretion be exercised against a rebel enemy; and
the reason is obvious. Whatever the mitigations of the Rights of War
introduced by modern civilization, under which private property in
certain cases is exempt from confiscation, _this rule does not apply
to cases where there is a direct personal responsibility for the war_.
And here is the precise difference between the responsibility of the
sovereign or prince and the responsibility of the private citizen:
the private citizen is excused; but the sovereign or prince is always
held responsible to the full extent of his property, real as well as
personal. Now every rebel who has voluntarily become a public enemy
has assumed a _personal responsibility_, for which, according to
acknowledged principles of public law, especially if he has taken high
office in the rebel government, he is liable to the full extent of his
property, real as well as personal. Every citizen who voluntarily aids
in armed rebellion is a hostile sovereign or prince. A generous lenity
may interfere to limit his liability, but on principles of public law
he is in the very condition of Shylock, when his cruelty was arrested
by the righteous judge:--
“If thou dost shed
One drop of Christian blood, thy lands and goods
Are by the laws of Venice _confiscate_
Unto the State of Venice.”
Such, Sir, is the extent of powers which may be exercised by Congress.
Of course, it is for Congress to determine the degree of severity or
lenity it will adopt. In claiming these powers to the full extent, I
yield to no Senator in that spirit of clemency which, next to justice,
is the grace and ornament of success.
* * * * *
Mr. President, these are the principles on which we must act.
Announcing them and reducing them to practice, Congress will enlarge
its accumulating claims to public gratitude.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account