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
In this transcendent guaranty and prohibition there are no words of
exclusive jurisdiction. All is broad and general as the Constitution
itself; and since this provision is in support of human rights, it
cannot be restricted by any interpretation. There is no limitation in
it, and nobody can supply any such limitation, without encountering
the venerable maxim of law, _Impius et crudelis qui Libertati non
favet_,--“Impious and cruel is he who does not favor Liberty.” Long
enough have courts and Congress merited this condemnation. The time
has come when they should merit it no longer. The Constitution should
become a living letter under the predominant influence of Freedom. This
conviction has brought petitioners to Congress, during the present
session, asking that the Constitution shall be simply executed against
Slavery, and not altered. Ah, Sir, it would be a glad sight to see
that Constitution, which we have all sworn to support, interpreted
generously, nobly, gloriously for Freedom, so that everywhere within
its influence the chains should drop from the slave! If it be said
that this was not anticipated at its adoption, I remind you of Patrick
Henry, when, at the time, he said, “The paper speaks to the point.”
No doubt, it does speak to the point, especially with the Amendments
immediately thereafter adopted. Cicero preferred to err with Plato
rather than to think right with other men. And pardon me, if, when my
country is in peril from Slavery, and human rights are to be rescued, I
prefer to err with Patrick Henry, in assuming power for Freedom, rather
than to think right with Senators who hesitate in such a cause.
* * * * *
Mr. President, thus stands the case. There is nothing in the
Constitution on which Slavery can rest, or find any the least support.
Even on the face of that instrument it is an _outlaw_; but if we look
further into its provisions, we find at least four distinct sources
of power, which, if executed, must render Slavery impossible, while
the Preamble makes them all vital for Freedom: first, the power to
provide for the common defence and general welfare; secondly, the power
to raise armies and maintain navies; thirdly, the power to guaranty
a republican form of government; and, fourthly, the power to secure
_Liberty_ against all restraint without due process of law. But all
these provisions are something more than powers; _they are duties
also_. And yet we are constantly and painfully reminded that pending
measures against Slavery are unconstitutional. Sir, this is an immense
mistake. _Nothing against Slavery can be unconstitutional._ It is
hesitation that is unconstitutional.
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