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1 Charles Sumner, War Powers of Congress: Speech of Hon. Charles Sumner, of Massachusetts, on the House Bills for the Confiscation of Property and the Liberation of Slaves Belonging to Rebels 1 (1862)

handle is hein.slavery/wpcgshc0001 and id is 1 raw text is: VR POWER S OF CONGRESS. SPEECH Ov RON. CHARLES SUMNER, OF MASSACHUSETTS, ON THE HOUSE BILLS FOR THE CONFISCATION OF PROPERTY AND THE LIBERATION OF SLAVES BELONGING TO REBELS, IiELIVERED In Senate of the United States, June 27, 1862. Mr. SUMNER said: without due process of law. But there Mr. PRESIDENT, too tardily the house of a is nothing in the House bills for the con- rebel general in Virginia has been taken by fiscation of properly or the liberation of slaves the Government and set apart as a military which is obnoxious to either of these provis- hospital for the reception ofour soldiers, wound- ions. There is no attainder of treason, no ex ed and maimed in battle. At least three post facto law, and no taking of property wish- churches here in Washington have been seized out due process of law ; for the judicial pro- and occupied for the same purpose. All'ap- ceedings which these bills institute are compe- piaimlthe~e acts, which makethehouse more his- tent for the purpose. The House bills are not toric and the churches more sacred than ever criminal statutes, nor do they institute criminal before. But pray, sir, under what authority is proceedings. Therefore do I say unhesitatingly this done? Tot according to any contract or that these bills are above constitutional obje- agreement; not according to any due process tion. It is not too much to say, sir, that they of law; not even. according to any statute, are as constitutional as the Constitution itself. And yet the language of the Constitution is It was once said of a subtile spirit of criticis' x positive: no soldier shall, in time of peace, that it would find a heresy in the Lord's prayer 5 be quartered in any house without the consent and such a spirit, permit me to say, is needeI of the owner; nor in time of war but in a man- to find anything unconstitutiolal in these Der to be prescribed by law. If it be time of bills. p ace now, then is the Constitution violated by Of course, in assuming the complete consti- quartering soldiers in these houses without the tutionality of these bills, which already have consent of the owner. If it be time of war the sanction of the House of Representatives, I now, then is the Constitution violated by quar- assume as a cardinal principle of constitutional tering these soldiers in a manner not prescrib- law that, whatever may be the condition cf ed by law-if, indeed, the provisions of the slaves in the States and under State laws, they Constitution are not entirely inapplicable to are, under the Constitution of the United States, what is done under the military requirements persons, and not property ; so that, in d c__ of self-defence, which is a supreme law above their emancipation, Congress is not constrainel all other laws or constitutions devised by men. by any of the constitutional requirements with But if the Constitution, in a case where it is regard to property. Whatever may be th3 singularly explicit, can be disregarded without claims of property, slaves are men, and I bat question in the exercise of the Rights of War, repeat an unquestionable truth of morals, con- it i vain to invoke its provisions in other cases, firmed by our Declaration of Independence, where itis less explicit, inrestraintoftheRights when I say that there can be no property in of War. men. Mr. Winter Davis, of Baltimore, has re- It is true that7 the Constitution ambiguously minded the country that Congress, on the m'. provides agaifist certain forfeitures as an inci- tion of Mr. Clay, has already undertaken to 0,e- dent to an attainder of treason ; it also clare the freedom of slaves without any due psli. tively prohil:ts ex post facto laws, process of law, and the present Congress, by and it iobly declares that I no person shall a bill of the last session, setting free slaves ac- be deprived of life, liberty, or property, tually employed in the rebellion, has done the Reproduced with permission from the University of Illinois at Chicago

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