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
And here we are brought to the practical question destined to occupy
so much of public attention. It is proposed to bring the action of
Congress to bear directly upon the Rebel States. This may be by the
establishment of provisional governments under authority of Congress,
or simply by making the admission or recognition of the States depend
upon the action of Congress. The essential feature of the proposition
is, _that Congress shall assume jurisdiction of the Rebel States_. A
bill authorizing provisional governments in these States was introduced
into the Senate by Mr. Harris, of the State of New York, and was
afterwards reported from the Judiciary Committee of that body; but
it was left with unfinished business, when the late Congress expired
on the fourth of March. The opposition to this proposition, so far
as I understand it, assumes two forms: first, that these States are
always to be regarded as States, with much vaunted State Rights, and
therefore cannot be governed by Congress; and, secondly, that, if any
government is to be established over them, it must be simply a military
government, with a military governor appointed by the President, as
is the case with Tennessee and North Carolina. But State Rights are
as much disturbed by a military government as by a Congressional
government. The local government is as much set aside in one case as
in the other. If the President, within State limits, can proceed to
organize a military government to exercise all the powers of the State,
surely Congress can proceed to organize a civil government within the
same limits for the same purpose; nor can any pretension of State
Rights be effective against Congress more than against President.
Indeed, the power belongs to Congress by a higher title than it belongs
to President: first, because a civil government is more in harmony with
our institutions, and, wherever possible, is required; and, secondly,
because there are provisions of the Constitution under which this power
is clearly derived.
Assuming, then, that the pretension of State Rights is as valid
against one form of government as against the other, and still further
assuming, that, in the case of military governments, this pretension
is practically overruled by the President at least, we are brought
again to consider its efficacy when advanced against Congressional
governments.
It is argued, that the Acts of Secession are all inoperative and void,
and therefore the States continue precisely as before, with their local
constitutions, laws, and institutions in the hands of traitors, but
totally unchanged, and ready to be quickened into life by returning
loyalty. Such, I believe, is a candid statement of the pretension for
State Rights against Congressional governments, which, it is argued,
cannot be substituted for the State governments.
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