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
of the United States, and like authority over all places purchased by
the consent of the Legislature of the State in which the same shall be,
for the erection of forts, magazines, arsenals, dock-yards, and other
needful buildings”; and “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.”
Such are the ample and diversified powers of Congress, embracing all
those agencies which enter into sovereignty. With this concession to
the United States, there seems to be little for the several States. In
the power to “declare war” and to “raise and support armies” Congress
possesses an exclusive power, in itself immense and infinite, over
persons and property in the several States, while, by the power to
“regulate commerce,” it may put limits round about the business of the
several States; and even in the case of the militia, which is the
original military organization of the people, nothing is left to the
States except “the appointment of the officers,” and the authority to
train it “according to the discipline _prescribed by Congress_.” Thus
these great functions are all intrusted to the United States, while the
several States are subordinated to their exercise.
Constantly, and in everything, we behold the constitutional
subordination of the States. But there are other provisions by which
the States are expressly deprived of important powers. For instance:
“No State shall enter into any treaty, alliance, or confederation;
coin money; emit bills of credit; make anything but gold and silver
coin a tender in payment of debts.” Or, if the States may exercise
certain powers, it is only with the consent of Congress. For instance:
“No State shall, _without the consent of Congress_, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State or with a foreign power.” Here
is a magistral power accorded to Congress utterly inconsistent with
the pretensions of State Rights. Then again: “No State shall, _without
the consent of the Congress_, lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its
inspection laws; and the net produce of all duties and imposts laid by
any State on imports or exports shall be for the use of the treasury of
the United States; _and all such laws shall be subject to the revision
and control of the Congress_.” Here, again, is a similar magistral
power accorded to Congress; and as if still further to deprive the
States of their much vaunted sovereignty, the laws which they make with
the consent of Congress are expressly declared to be subject “to the
revision and control of the Congress.” There is still another instance.
According to the Constitution, “Full faith and credit shall be given
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