Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I will add, this clause may be treated under two different
heads,--first, as ancillary, from the nature of the case, to the power
under the clause to regulate commerce with foreign nations. From the
nature of the case, if you have the power to shut out cholera from
the ports, you must be intrusted with an associate power to follow
this same enemy even into the interior, precisely as you follow goods
escaping the exercise of your power in the ports. I am willing,
therefore, to put it even on the first clause of the constitutional
provision, calling it simply ancillary. But I do not stop there; for,
associated with this clause, and constituting part of the provision,
are the words, “and among the several States.” Congress has power
to regulate commerce among the several States. Now, Sir, assuming
that commerce is, as described or defined by our Supreme Court,
intercourse among men, embracing the transportation, not only of goods,
but of passengers, and applicable to everything that comes under
the comprehensive term “intercourse,”--giving to it that expansive
definition which I think you will find in the decisions of the Supreme
Court, I ask you if there is not under that second clause ample
power also to regulate this matter. Congress has power to regulate
commerce, communication, intercourse, transportation of freight and
transportation of passengers among the several States. To make that
effective, you must concede a power such as appears in the clause to
which the Senator from Iowa has directed my attention. There is no
reference here to State lines; and why? From the necessity of the case.
The disease itself does not recognize State lines. The authority which
goes forth to meet the disease must be at least on an equality with the
disease, and can recognize no State lines. How vain to set up State
rights as an impediment to this beneficent power!
I therefore conclude that the power over this subject is plenary,
whether you look at the first clause of the Constitution to which I
have called attention, relating to foreign commerce, or the second
clause, relating to commerce among the States. It is full; it is
complete. Hence I put aside the constitutional objection, whether used
seriously or jocosely, as it was perhaps by my friend from New York; I
put it aside as absolutely out of the question and irrelevant. Congress
has ample power over this whole subject. And, Sir, permit me to ask,
if it had not ample power over it, where should we be as a government
at this time? Can we confess that a great government of the world must
fold its arms, and see a foreign enemy--for such it is--crossing the
sea and invading our shores, yet we unable to meet it? I do not believe
that this transcendent republic is thus imbecile. I believe, that,
under the text of the National Constitution, as well as from the nature
of the case, it has ample powers to meet such enemy.
Public-domain text, read in full here on John Shaqi.
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