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
If the right to govern may be the inevitable consequence of the right
to acquire territory, surely, and by much stronger reason, this right
must be the inevitable consequence of the sovereignty of the United
States, wherever there is no local government.
_Secondly._ The jurisdiction may also be derived from the _Rights
of War_, which surely are not less abundant for Congress than for
President. If the President, disregarding the pretension of State
Rights, can appoint military governors within the Rebel States to serve
a temporary purpose, who can doubt that Congress can exercise a similar
jurisdiction? That of the President is derived from the war powers;
but these are not sealed to Congress. If it be asked, where in the
Constitution such powers are bestowed upon Congress, I reply, that they
are found precisely where the President now finds his powers. But it is
clear that the powers to “declare war,” to “suppress insurrections,”
and to “support armies” are all ample for this purpose. It is Congress
that conquers, and the same authority that conquers must govern. Nor
is this authority derived from any strained construction; it springs
from the very heart of the Constitution. It is among those powers,
latent in peace, which war and insurrection call into being, but as
intrinsically constitutional as any other power.
Even if not conceded to the President, these powers must be conceded
to Congress. Would you know their extent? They are found in the
authoritative texts of Public Law,--in the works of Grotius, Vattel,
and Wheaton. They are the powers conceded by civilized society to
nations at war, known as Rights of War,--at once multitudinous and
minute, vast and various. It would be strange, if Congress could
organize armies and navies to conquer, and could not also organize
governments to protect.
Public-domain text, read in full here on John Shaqi.
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