Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
This duty is fortified by the Constitutional Amendment, which, after
providing for the abolition of Slavery, empowers Congress to “enforce”
it by “appropriate legislation,” thus heaping Ossa upon Pelion.
Clearly, under these words, Congress may do what in its discretion
seems “appropriate” to this end, and there is no power to call its
action in question. On this point the authority of the Supreme Court,
in the weighty judgment of Chief Justice Marshall, is explicit.
“The government which has a right to do an act, and has imposed
on it the duty of performing that act, must, according to the
dictates of reason, be allowed to select the means; and those
who contend that it may not select _any appropriate means_,
that one particular mode of effecting the object is excepted,
take upon themselves the burden of establishing that exception.…
“Let the end be legitimate, let it be within the scope of the
Constitution, and _all means_ which are appropriate, which are
plainly adapted to that end, which are not prohibited, but
consist with the letter and spirit of the Constitution, are
constitutional.”[186]
These words of the Chief Justice are reinforced by a kindred
declaration from another great authority, Mr. Justice Story, speaking
also for the Supreme Court, on an important occasion.
“The Constitution unavoidably deals in general language.…
The instrument was not intended to provide merely for the
exigencies of a few years, but was to endure through a long
lapse of ages, the events of which were locked up in the
inscrutable purposes of Providence.… Hence its powers are
expressed in general terms, leaving to the Legislature from
time to time _to adopt its own means to effectuate legitimate
objects_.”[187]
Apply these words to the present case, and the conclusion is
irresistible. Whatever legislation seems “appropriate” to “enforce” the
abolition of Slavery, whatever means seem proper to this end, must be
within the powers of Congress under the Constitutional Amendment. You
cannot deny this principle without setting aside those most remarkable
judgments which stand as landmarks of constitutional history. But
who can doubt that the abolition of the whole Black Code, in all its
oligarchical pretensions, civil and political, is “appropriate” to
“enforce” the abolition of Slavery? Mark the language of the grant.
Congress may “enforce” abolition, and nobody can question the “means”
it thinks best to employ. Let it not hesitate to adopt the “means” that
promise to be most effective. As the occasion is extraordinary, so the
“means” employed must be extraordinary.
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