Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The powers of Congress over this subject are ample as they are
beneficent. From four specific fountains they flow, each sufficient,
all four swelling into an irresistible current, and tending to one
conclusion: first, the necessity of the case, by which, according
to analogy of the Territories, disloyal States, having no local
government, lapse under the authority of Congress; secondly, the
Rights of War, which do not expire or lose their grasp, except
with the establishment of all needful guaranties; thirdly, the
constitutional injunction to guaranty a republican form of government;
and, fourthly, the Constitutional Amendment, by which Congress, in
words of peculiar energy, is empowered to “enforce” the abolition of
Slavery by “appropriate legislation.” According to the proverb of
Catholic Europe, all roads lead to Rome; and so do all these powers
lead to the jurisdiction of Congress over this whole subject. No
matter which road you take, you arrive at the same point. The first
two have already been discussed exhaustively.[44] The two latter have
been considered less, and it is on these that I shall speak especially
to-day. I propose, with the permission of the Senate, to show the
necessity and duty of exercising the jurisdiction of Congress so as
to secure that essential condition of a republican government, the
Equal Rights of All. And I put aside, at the outset, the metaphysical
question, worthy of schoolmen in the Dark Ages, whether certain
States are _in_ the Union or _out of_ the Union. That is a question
of form, and not of substance,--of words only, and not of facts;
for the substance is clear, and the facts are unanswerable. All are
agreed, according to the authority of President Lincoln, in his latest
utterance before his lamented death, that these States have ceased to
be in “practical relation with the Union”;[45] and this is enough to
sustain the jurisdiction of Congress, even without the plain words of
the Constitution in two separate texts.
The time has passed for phrases, which have been the chief resource in
opposition to a just reconstruction. It is not enough to say “a State
cannot secede,” “a State cannot get out of the Union,” “Louisiana
is a State in the Union.” These are mere words, having no positive
meaning, and improper for this debate. So far as they have meaning,
they confound law and fact. It is very obvious that a State may, in
point of _law_, be still in the list of States, and yet, in point of
_fact_, its relations to the Union may have ceased through violence,
foreign or domestic. In point of law, no man can commit suicide; but
in point of fact, men do. The absurdity of denying that a man has
committed suicide, because it is unlawful, is equalled by the kindred
absurdity of saying that a State cannot do a certain thing, because
it is unlawful. Unhappily, in this world, the fact is not always in
conformity with the law.
Public-domain text, read in full here on John Shaqi.
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