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
“In a state of rude Nature there is no such thing as a
people. A number of men in themselves have no collective
capacity. The idea of a people is the idea of a corporation.
It is wholly artificial, and made, like all other legal
fictions, by common agreement. What the particular nature of
that agreement was is collected from the form into which the
particular society has been cast. Any other is not _their_
covenant. _When men, therefore, break up the original compact
or agreement which gives its corporate form and capacity to
a state, they are no longer a people, they have no longer a
corporate existence_, they have no longer a legal coactive
force to bind within, nor a claim to be recognized abroad.
They are a number of vague, loose individuals, and nothing
more. With them all is to begin again. Alas! they little
know how many a weary step is to be taken before they
can form themselves into a mass which has a true politic
personality.”[198]
If that great master of eloquence could be heard, who can doubt that
he would stamp our Rebel States as senseless communities who have
sacrificed that corporate existence which makes them living, component
members of our Union of States?
* * * * *
Again, it is sometimes said that the States, by flagrant treason,
have _forfeited_ their rights as States, so as to be civilly dead.
It is a patent and indisputable fact, that this gigantic treason was
inaugurated with all the forms of law known to the States; that it
was carried forward not only by individuals, but also by States, so
far as States can perpetrate treason; that the States pretended to
withdraw bodily, in their corporate capacities; that the Rebellion, as
it showed itself, was _by_ States, as well as _in_ States; that it was
by the governments of States, as well as by the people of States; and
that, to the common observer, the crime was consummated by the several
corporations, as well as by the individuals of whom they were composed.
From this fact, obvious to all, it is argued, that, since, according
to Blackstone, a traitor “hath abandoned his connections with society,
and hath no longer any right to those advantages which before belonged
to him purely as a member of the community,”[199] by the same principle
the traitor State is no longer to be regarded as a member of the Union.
But it is not necessary, on the present occasion, to insist on the
application of any such principle to States.
* * * * *
Public-domain text, read in full here on John Shaqi.
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