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
_Fourthly._ The present organization in Arkansas, seeking
representation on this floor, is without that _legality of origin_
required by the American system of government. It is revolutionary
in character. Nay, more, it may all be traced to _a military order_.
Clearly, this incongruity will not be tolerated. _A new civil
government_, to be recognized as a State of this Union, _cannot be born
of military power_. Congress has jurisdiction over all those States in
which loyal governments have been overturned; and this jurisdiction
furnishes a natural, obvious, and constitutional origin for the new
government. Without it, I am at a loss to see how _the connecting link
of legality_ can be preserved between the old and the new. This is not
the first time in our national history that Congress has stood between
the old and the new. Such is its natural place and function. At the
separation of the Colonies from the mother country, it interfered by
formal resolution to indicate the process by which the new governments
should be constituted, although the Tories of that day doubted the
power. According to this example, sustained by congenial principles,
Congress must now set the new government in motion, and infuse into it
the vital force found in liberty regulated by law.
_Fifthly._ Arkansas is at this moment shut out from _commercial
intercourse_ with the loyal States, under the Proclamation of the
President of 16th August, 1861, in pursuance of the Act of Congress
of 13th July, 1861. By this Proclamation it is placed on the list of
States declared in “insurrection against the United States; and all
commercial intercourse between the same and the inhabitants thereof
and the citizens of other States and other parts of the United States
is unlawful, and will remain unlawful until such insurrection shall
cease or has been suppressed”; and all goods, chattels, wares, and
merchandise, coming from any of the enumerated States and proceeding to
any other State by land or water, are made liable to forfeiture.[358]
And yet Arkansas, while still under the ban of a Presidential
proclamation and a Congressional statute establishing non-intercourse
with other States, asks representation in the National Government.
Disqualified for trade with other States, it asks to govern them. The
old practice is to be reversed. Thus far in history trade has preceded
political power; now political power is to precede trade. Arkansas
cannot send her merchants into the loyal States to buy and sell. Can
she send representatives into this Chamber to vote? Can she send
electors into the Electoral College to choose a President?
Public-domain text, read in full here on John Shaqi.
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