Charles Sumner

“ I cannot be blind to the fact of Slavery. Slavery exists as a monstrous fact, an enormity, if you please, but still it exists; and as a legislator I am to act on its existence. Am I not right? Can I presume on this occasion to be guided by my inner conviction that there is no property in man, when, looking to the Slave States, I am compelled to see the great, unquestionable fact of pretended property? To my mind, it is more practical to recognize the fact, and to proceed accordingly.
The Senator from Illinois insists that this is a capitation tax, and he reads the text of the Constitution. ”

“ It is true, there can be no constitutional right to break up the Constitution, but the precedent unhappily recognized would unsettle this whole fabric of States. Therefore, fellow-citizens, there can be no separation. But how to prevent it,—in other words, how to hamstring the Rebellion and conquer a peace,—this is the question.
The Rebels are in arms, aroused, at home, on their own soil, and resolved never to yield. Nothing less than independence will satisfy them: if the war continues, I know not that they will be content with this. ”

“ As plainly, the right of confiscation, whether for life or beyond life, is also yours.
Unhappily, Sir, our country is engaged in war,—terrible, relentless, unquestionable war,—and if we would not discard success, it must be prosecuted as war, in the full exercise of belligerent rights. If we were dealing with sporadic cases of treason, with simple sedition, or with a mere outbreak, our process would be limited by the Constitution; but with an enemy before us, lashed into fury and led on by “Até hot from Hell,” where is the limit to the powers to be employed? ”

“ Slavery is our sacred cat, not to be touched without fear of insurrection. Sir, I am tired and disgusted at hearing the Constitution perpetually invoked for Slavery. According to certain authorities, the Constitution is all for Slavery and nothing for Freedom. I am proud to own that with me just the reverse is the case. There are people who keep apothecaries’ scales, in which they nicely weigh everything done for Freedom. I have no such scales, where Freedom is in question, nor do I hesitate to say that in a case of Freedom all such nicety is unconstitutional. ”

“ Had Congress at that time firmly insisted that Missouri should enter the Union as a Free State, the vast appropriation now proposed would have been saved, and, better still, this vaster civil war would have been prevented. The whole country is now paying with treasure and blood for that fatal surrender. Alas, that men should forget that God is bound by no compromise, and that, sooner or later, He will insist that justice shall be done! There is not a dollar spent, and not a life sacrificed, in this calamitous war, which does not plead against any repetition of that wicked folly. ”

“ But if there be anything in the Monroe doctrine, if we could not accommodate ourselves to the foothold of Europe upon this continent, how can we recognize on our borders a malignant Slave empire, with Slavery as its boasted corner-stone, constituting what Shakespeare calls “an impudent nation,” embittered and enraged against us, without law, without humanity, and without morals,—a mighty Blue-Beard’s Chamber,—an enormous House of Ill-Fame? We would not allow the old Kingdom of the Assassins to be revived at our side. But wherein are our Rebels better? ”

“ Freedom is to be enlarged in every way possible, whether by encouraging the slave or discouraging the master. Therefore do I say fearlessly, that the slave, whenever he appears within the national jurisdiction or before national tribunals, is entitled to all the rights of “persons”; but the master, who asserts this odious property, cannot claim any immunity for it on this account. The indulgence is all for the slave, and not at all for the master. For the slave Congress must do everything in its power; for the master Congress must have nothing but disapprobation and discouragement. ”

“ Can any one doubt that the Rebels over the way will rejoice and clap their hands, when they hear the tidings? Sir, I will not give them any such encouragement. They shall not have it, if vote or voice of mine can prevent. I, too, Sir, am for the freest latitude of debate, but I am for the suppression of the Rebellion above and before everything else; and the desires of the Senate must all yield at this moment to the patriotic requirements of the country. There is a time for all things. There is a time to weep, and there is a time to laugh. ”

“ Without indemnity for the past, this war will have been waged at our cost; without security for the future, this war will have been waged in vain, treasure and blood will have been lavished for nothing. But indemnity and security are both means to an end, and that end is the National Unity under the Constitution of the United States. It is not enough, if we preserve the Constitution at the expense of the National Unity. Nor is it enough, if we enforce the National Unity at the expense of the Constitution. ”

“ Through liberation alone can we obtain that complete triumph, bringing with it assured tranquillity, without which the war will stop merely to break forth anew, and peace will be nothing but an uneasy truce. Among all the powers of Congress incident to our unparalleled condition, there is none so far-reaching, as there is none so beneficent,—there is none so potent to beat down rebellion, as there is none other by which peace can be made truly secure. ”

“ It is one of the battles of the ages, as when the millions of Persia were hurled back from Greece, or when the Mohammedans, victors in Africa and Spain, were hurled back from France by Charles Martel, and Western Europe was saved to Christianity. In such a cause no effort too great, no faith too determined. To die for country is pleasant and honorable. But all who die for country now die also for humanity. Wherever they lie in bloody fields, they will be remembered as heroes through whom the Republic was saved and civilization established forever. ”

“ Vain will it be again to delude European nations into foolish belief that Slavery has nothing to do with the war, that it is a war for empire on one side and independence on the other, and that all generous ideas are on the side of the Rebellion. And vain, also, will be that other European cry,—whether from an intemperate press or the cautious lips of statesmen,—that separation is inevitable, and that our Government is doomed to witness the dismemberment of the Republic. ”

“ But not so should we deal with conspirators. For those who organized this great crime and let slip the dogs of war there can be no penalty too great. They should be not only punished to the extent of our power, but stripped of all means of influence, so that, should their lives be spared, they may be doomed to wear them out in poverty, if not in exile. To this end their property must be taken. Their poor deluded followers may be safely pardoned. Left to all the privileges of citizenship in a regenerated land, they will unite in judgment of leaders who have been to them such cruel taskmasters. ”

“ I do not think the United States can own a slave. I cannot doubt, that, if a slave should be seized under process of the United States, he would be taken to Freedom, and not to Slavery, for the simple reason that the nation cannot own a slave. Therefore any special provision for this emergency is superfluous. I rest in the conviction, that, when a slave passes into the hands of the United States, he at once becomes free. ”

“ By the confiscation of property, the large Rebel estates, where treason laid its eggs, will be broken up, while by the liberation of slaves the Rebels will be deprived of an invaluable ally, whether in labor or in battle. But I confess frankly that I look with more hope and confidence to liberation than to confiscation. To give freedom is nobler than to take property, and on this occasion it cannot fail to be more efficacious, for in this way the rear-guard of the Rebellion will be changed into the advance-guard of the Union. ”

“ But at the same time it does not assume to interfere with a well-known State institution by which “persons” are degraded to be property. The condition of the slave is anomalous. He is property by local law; he is a “person” by the Constitution. But nobody questions the existence of Slavery. It is a monstrous fact, beyond reach in the States, except through the War Power, and yet none the less a fact, which taxation will only recognize, and not sanction. It is an intolerable nuisance intrenched in State lines; but we shall not treat it otherwise than as nuisance, when we tax it. ”

“ If we go astray, it must be from blindness.
In determining what powers to exercise, you will be guided to a certain extent by the object you seek to accomplish. Do you seek really to put down the Rebellion, and to tread it out forever, or do you seek only the passage of a penal statute? Do you seek a new and decisive weapon in the war our country is compelled to wage, or do you seek nothing more than to punish a few rebels? Or, if the object you seek is simply punishment, do you wish it to be sure and effective, or only in name? ”

“ I have read your speech on the confiscation of the property of Rebels with the liveliest interest and with entire approbation. Long a citizen of the South, I have nevertheless been a steadfast Republican of the school of Jefferson and of J. Quincy Adams,—a Republican to elevate men to the proper status of freemen, not to degrade them to slavery. While the unthinking and those of violent prejudices call you fanatical, no man properly qualified to judge of men and events can survey your parliamentary history without acknowledging your claim to the highest plane of statesmanship. ”

“ It is that of confiscation and liberation; and this power is just as constitutional as the other two. The occasion for its exercise is found in the same terrible necessity. An army is not a posse comitatus; nor is it, when in actual war, face to face with the enemy, amenable to the ordinary provisions of the Constitution. It takes life without a jury trial, or any other process of law; and we have already seen, it is by virtue of the same Right of War that the property of enemies may be taken, and freedom given to their slaves. ”

“ In saving the Republic we save Civilization. Man throughout his long pilgrimage on earth has been compelled to suffer much, but Slavery is the heaviest burden he has been called to bear: it is the only burden our country has been called to bear. Let it drop, and this happy Republic, with humanity in its train, all changed in raiment and in countenance, like the Christian Pilgrim, will hurry upward to the celestial gate. ”

“ But, better than gratitude even, we owe them the protection which comes from good generals and courageous counsels. O God! let them not be led to useless slaughter like sheep, nor be compelled to take the hazard of death from climate and exposure, as well as from ball and bayonet, without giving them at once all the allies which can be rallied to their support. In the name of humanity, and for the sake of victory, I make this appeal. But the loyal everywhere are allies. And does loyalty depend upon color? Is it skin or heart that we consult? ”

“ There is no revenue, whatever be its amount, to compensate for this recognition. Better be poor, better be pinched in means, better forego much needed supplies, than obtain help through any such sacrifice. But the same considerations which induced our fathers, with all their avowed scruples, to sustain such a tax or duty, may properly influence us.
It is the boast of the Constitution that it knows nobody as a slave. All are “persons.” ”

“ Nor again, Sir, do I believe that the Senator from New Hampshire can take to himself any monopoly of praise for denying the whole offensive pretension of property in man. Is he more earnest in this denial than many other Senators? Is he more earnest than the Senator from Pennsylvania near me? Is he more earnest than myself? Has he denied it oftener in debate or public speech? To me the pretension is absurd as it is wicked. A man may as well claim property in a star as in his fellow-man. ”

“ If ever there were occasion for these solemn words, it is now, when the country is in danger, when the national capital itself is menaced, when all along the loyal border, from the Atlantic Ocean to the Indian Territories west of the Mississippi, barbarian hordes, under some Alaric of Slavery, are marshalling forces, and death is knocking at the doors of so many happy homes. If ever there was occasion when country might claim the best and most self-forgetful effort of all, it is now. Each in his way must act. Each must do what he can: the youthful and strong by giving themselves to the service ”

“ And in order to arrive at these results, the Rights of War are ours, to be employed in our discretion. Nor is it to be forgotten that these rights are without any of those limitations which modern times have adopted with regard to the private property of enemies in international war, and that, on reason and principle, which are the foundations of all Public Law, every rebel who voluntarily becomes an enemy is as completely responsible in all his property, whether real or personal, as a hostile Government or Prince, whose responsibility to this extent is unquestioned. ”