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
Such is the protection thrown by the Constitution over every “person,”
without distinction of race or color, class or condition. There can
be no doubt about the universality of the protection. All, without
exception, come within its scope. The natural meaning is plain; but
there is an incident of history which makes it plainer still, excluding
all possibility of misconception. A clause of this character was
originally recommended as an Amendment by two Slave States, Virginia
and North Carolina, and by a slave-trading State, Rhode Island; but it
was restricted by them to _freemen_, thus: “No _freeman_ ought to be
deprived of his life, _liberty_, or property, but by _the law of the
land_.”[280] When the recommendation came before Congress, the word
“person” was substituted for “freeman,” and the more searching phrase
“due process of law” was substituted for “the law of the land.” In
making this change, rejecting the recommendation of slave-owning and
slave-trading States, the authors of this Amendment revealed their
purpose, that _no person_ wearing the human form should be deprived
of _liberty_ without due process of law; and the proposition was
adopted by the votes of Congress, and then of the States, as part of
the Constitution. Clearly, on its face, it is an express guaranty of
personal liberty, and an express prohibition of its invasion anywhere.
In the face of this guaranty and prohibition,--for it is both,--how
can any “person” be held as slave? Sometimes it is argued that
this provision must be restricted to places within the exclusive
jurisdiction of the National Government. Such formerly was my own
impression, often avowed in this Chamber; but I never doubted its
complete efficacy to render Slavery unconstitutional in all such
places, so that “no person” could be held as a slave at the national
capital or in any national territory. Constitutionally, Slavery has
always been an outlaw, wherever that provision of the Constitution
was applicable. Nobody doubted that it was binding on the national
courts; and yet it was left unexecuted, a dead letter, killed by the
predominant influence of Slavery, until at last Congress was obliged by
legislative act to do what the courts failed to do, and to terminate
Slavery in the national capital and national territories.
Public-domain text, read in full here on John Shaqi.
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