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
Before considering this vital question, it is proper to regard the
origin of this “guaranty,” and see how it obtained place in the
Constitution. Perhaps there was no clause more cordially welcomed; nor
does it appear that it was subjected to any serious criticism in the
National Convention or in any State Convention. It is not found in
the Articles of Confederation; but we learn from the “Federalist”[48]
that the want of this provision was felt as a capital defect in the
plan of the Confederation. Mr. Madison, in a private record, made
in advance of the National Convention, and which has only recently
seen the light, enumerates among defects of the Confederation what he
calls “want of guaranty to the States of their Constitutions and laws
_against internal violence_”; and he then proceeds to anticipate danger
from Slavery, which could be counteracted only by such “guaranty.”
Showing why this was needed, he says, that, “according to _republican
theory_, right and power, being both vested in the majority, are held
to be synonymous; according to fact and experience, a minority may, in
an appeal to force, be an overmatch for the majority”; and he remarks,
in words which furnish a key to the “guaranty” afterwards adopted,
“Where Slavery exists, the _republican theory_ becomes still more
fallacious,”--thus showing, that, at its very origin, it was regarded
as a check upon Slavery.[49]
Hamilton was not less positive than Madison. In his sketch of a
Constitution, communicated to Madison, and preserved by him,[50]
this “guaranty” is found; and in the elaborate brief of his argument
on the Constitution, it is specified as one of its “miscellaneous
advantages.” The last words of this remarkable paper are “guaranty of
republican governments.”[51] Randolph, of Virginia, in his sketch of a
Constitution, proposed the “guaranty,” and, in a speech setting forth
the evils of the old system, he said of the remedy, that “the basis
must be the _republican principle_.”[52] Colonel Mason, of Virginia,
taking up the same strain, said, that, though the people might be
unsettled on some points, they were settled as to others, among which
he put foremost “an attachment to _republican government_.”[53]
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