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
In considering the constitutionality of the Reconstruction Acts,
there is a distinction, recognized by repeated judgments of the
Supreme Court, which has not been sufficiently regarded, even by our
friends. The Rebel Party, especially in their platform at New York,
forget it entirely. They tell us that the Reconstruction Acts are
“unconstitutional, revolutionary, and void,” and Wade Hampton boasts
that he prompted this declaration. I have already exhibited the
power of Congress in four different sources; but beyond these is the
principle, _that Congress, in the exercise of political powers, cannot
be questioned_. So says the Supreme Court. Thus it has been decided,
in general terms, “that the action of _the political branches_ of the
Government in a matter that belongs to them is conclusive.”[270] And
in the famous case of _Luther_ v. _Borden_, it is announced, that,
where the National Government interferes with the domestic concerns
of a State, “the Constitution of the United States, as far as it has
provided for an emergency of this kind, _has treated the subject as
political in its nature, and placed the power in the hands of that
department_”; and it is further added, that “its decision is binding
on every other department of Government, and could not be questioned
in a judicial tribunal.”[271] In the face of these peremptory words,
it is difficult to see what headway can be made in contesting the
validity of the Reconstruction Acts, except by arms. If ever a question
was political, it is this. It is political in every aspect, whether
regarded as springing from the necessity of the case, from the rights
of war, from the obligation to guaranty a republican government, or
from the power to enforce the abolition of Slavery. Never before was
any question presented so completely political. Reconstruction is as
political as the war, or as any of the means for its conduct. It is
political from beginning to end. It is nothing, if not political.
Therefore, by unassailable precedents under the Constitution, are these
Acts fixed and secured so that no court can touch them,--nothing but
the war which Mr. Blair has menaced.
* * * * *
The Equal Rights conferred upon the freedman are all placed under
this safeguard. Congress has done this great act of justice, and,
thank God, it cannot be undone. It has already taken its place in the
immortal covenants of history, and become a part of the harmonies of
the universe. As well attempt to undo the Declaration of Independence,
or suspend the law of gravitation. This cannot be. The bloody horrors
of San Domingo, where France undertook to cancel Emancipation, testify
with a voice of wail that a race once lifted from Slavery cannot be
again degraded. Human Rights, when at last obtained, cannot be wrested
back without a conflict in which God will rage against the oppressor.
Public-domain text, read in full here on John Shaqi.
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