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
“These things, as I affirm, are held and bound (though it is
somewhat rude to say so) in reasons of iron and adamant, as
would really appear to be the case,--so that, unless you, or
some one stronger than you, can break them, it is not possible
that any one who says otherwise than as I now say can speak
correctly; for my statement is always the same,--that I know
not how these things are, but that of all the persons with
whom I have ever conversed, as now with you, no one who says
otherwise can avoid being ridiculous.”[206]
Show me that I am wrong, that this conclusion is not founded in the
Constitution, and is not sustained by reason, and I shall at once
renounce it; for, in the present condition of affairs, there can be
no pride of opinion which must not fall at once before the sacred
demands of country. Not as partisan, not as advocate, do I make this
appeal, but simply as citizen, seeking, in all sincerity, to offer my
contribution to the establishment of that policy by which Union and
Peace may be restored.
* * * * *
Looking at the origin of this power in Congress, we find that it comes
from three distinct fountains, any one of which is ample to supply it.
Three fountains, generous and hospitable, are found in the Constitution
ready for this occasion.
_First._ From the necessity of the case, _ex necessitate rei_, Congress
must have jurisdiction over every portion of the United States _where
there is no other government_; and since in the present case there is
no other government, the whole region falls within the jurisdiction
of Congress. This jurisdiction is incident, if you please, to that
guardianship and eminent domain belonging to the United States over all
its territory and the people thereof, and springing into activity when
the local government ceases. It can be questioned only in the name of
the local government; but since this government has disappeared in the
Rebel States, the jurisdiction of Congress is uninterrupted there. The
whole broad Rebel region is _tabula rasa_, or “a clean slate,” where
Congress, under the Constitution of the United States, may write the
laws. In adopting this principle, I follow the authority of the Supreme
Court of the United States in determining the jurisdiction of Congress
over the Territories. Here are the words of Chief-Justice Marshall:--
“Perhaps the power of governing a Territory belonging to the
United States, which has not, by becoming a State, acquired
the means of self-government, _may result necessarily from the
facts that it is not within the jurisdiction of any particular
State_, and is within the power and jurisdiction of the United
States. The right to govern may be the inevitable consequence
of the right to acquire territory.”[207]
Public-domain text, read in full here on John Shaqi.
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