Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Too often have I asserted the plenary power of Congress with arguments
that have never been answered, to feel it necessary now to occupy
time on this head. The case may be proved in so many ways that it is
difficult to know which to select. Whether the power is derived from
the necessity of the case, because the Rebel States were without
governments, which is the reason assigned by Chief Justice Marshall
for the jurisdiction of Congress over the Territories,--or from the
universal rights of war, following the subjection of belligerents
on land,--or from the obligation of the United States to guaranty
a republican government to each State,--or from the Constitutional
Amendment abolishing Slavery, with its supplementary clause conferring
upon Congress power to enforce this abolition,--whether the power is
derived from one or all of these bountiful sources, it is clear that it
exists. As well say that the power over the Territories, the war power,
the guaranty power, and the power to enforce the abolition of Slavery,
do not exist; as well say that the Constitution itself does not exist.
If any confirmation of this irresistible conclusion were needed, it
might be found in the practical admissions of Andrew Johnson, who,
while perversely usurping the power of Reconstruction, did it in the
name of the Nation. In the prosecution of this usurpation, he summoned
conventions of delegates made eligible by his proclamation, and chosen
by electors invested by him with the right of suffrage; and through
these conventions, to which he gave the law by telegraphic wire,
he assumed to institute local governments. Thus has Andrew Johnson
testified to the power of the Nation over Reconstruction, while, with
an absurdity of pretension which history will condemn even more than
any contemporary judgment, he assumed that he was the Nation. His
usurpation has been overthrown, but his testimony to the power of the
Nation remains. When the Nation speaks, it is by Congress,--as the
Roman Republic spoke by its Senate and people, _Senatus Populusque
Romanus_, in whose name went forth those great decrees which ruled the
world.
Public-domain text, read in full here on John Shaqi.
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