Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“Sovereign power is no Parliamentary word. In my opinion,
it weakens Magna Charta and all our statutes; for they are
absolute, without any saving of sovereign power; and shall
we now add it, we shall weaken the foundation of law, and
then the building must needs fall. Take we heed what we yield
unto. _Magna Charta is such a fellow that he will have no
sovereign._”[192]
But the Constitution is our Magna Charta, which can bear no sovereign
but itself, as you will see at once, if you consider its character. And
this practical truth was recognized at its formation, as may be seen in
the writings of our Rushworth: I refer to Nathan Dane, who was a member
of Congress under the Confederation. He tells us plainly, that the
terms “sovereign States,” “State sovereignty,” “State rights,” “rights
of States,” are “not constitutional expressions.”[193]
* * * * *
In the exercise of its sovereignty, Congress is intrusted with large
and peculiar powers. Take notice of them, and you will see how little
of “sovereignty” is left to the States. Their simple enumeration is
an argument against this pretension. Congress may “lay and collect
taxes, duties, imposts, and excises, to pay the debts and _provide for
the common defence and general welfare of the United States_”; it may
“borrow money on the credit of the United States”; “regulate commerce
with foreign nations, and _among the several States_, and with the
Indian tribes”; “establish an uniform rule of naturalization, and
uniform laws on the subject of bankruptcies, _throughout the United
States_”; “coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures”; “provide for the
punishment of counterfeiting the securities and current coin of the
United States”; “establish post-offices and post-roads”; “promote the
progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings
and discoveries”; “constitute tribunals inferior to the Supreme
Court”; “define and punish piracies and felonies committed on the high
seas, and offences against the Law of Nations”; “declare war, grant
letters of marque and reprisal, and make rules concerning captures on
land and water”; “raise and support armies”; “provide and maintain a
navy”; “make rules for the government and regulation of the land and
naval forces”; “provide for calling forth the militia to execute _the
laws of the Union_, suppress insurrections, and repel invasions”;
“provide for organizing, arming, and disciplining the militia, and for
governing such part of them as may be employed in the service of the
United States, reserving to the States respectively the appointment
of the officers, and the authority of training the militia _according
to the discipline prescribed by Congress_”; “exercise exclusive
legislation, in all cases whatsoever, over the seat of the government
Public-domain text, read in full here on John Shaqi.
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