Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is not on military necessity alone that the concession is made.
Many, as they read the Constitution now, see its powers over Slavery
more clearly than before. The old superstition is abandoned; and they
join with Patrick Henry, when, in the Virginia Convention, he declared
the power of manumission accorded to Congress. He did not hesitate to
argue against the adoption of the Constitution, because it accorded
this power. And shall we be less perspicacious for Freedom than this
Virginia statesman for Slavery? Discerning the power, he confessed his
dismay: let us confess our joy.
We have already seen that Slavery finds no support in the Constitution.
Glance now at positive provisions by which it is brought completely
under control of Congress.
* * * * *
1. First among the powers of Congress, and associated with the power
to lay and collect taxes, is that to “provide for the common defence
and general welfare.” It is questioned whether this is a substantive
power, or simply incident to that with which it is associated. But
it is difficult, if not absurd, to insist that Congress has not this
substantive power. Shall it not provide for the common defence? Shall
it not regard the general welfare? If powerless to do these things in a
great crisis, it had better abdicate. In the Virginia Convention, Mr.
George Mason, a most decided opponent of the Constitution, said: “That
Congress should have power to provide for the general welfare of the
Union _I grant_.”[275] The language of Patrick Henry, to which allusion
has just been made, was more explicit. He foresaw that this power would
be directed against Slavery, and did not hesitate to declare:--
“Slavery is detested. We feel its fatal effects. We deplore it
with all the pity of humanity. Let all these considerations,
at some future period, press with full force on the minds of
Congress; let that urbanity which, I trust, will distinguish
America, and the necessity of national defence,--let all these
things operate on their minds; they will search that paper [the
Constitution] and see if they have power of manumission. And
have they not, Sir? Have they not power _to provide for the
general defence and welfare_? May they not think that these
call for the abolition of slavery? May they not pronounce all
slaves free? And will they not be warranted by that power? This
is no ambiguous implication or logical deduction. _The paper
speaks to the point. They have the power in clear, unequivocal
terms, and will dearly and certainly exercise it._”[276]
Language could not be more positive. To all who ask for the power of
Congress over Slavery, here is a sufficient answer; and remember that
this is not my speech, but the speech of Patrick Henry, who says that
the Constitution “speaks to the point.”
* * * * *
Public-domain text, read in full here on John Shaqi.
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