Charles Sumner: his complete works, volume 02 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 02 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
An early king of the Lombards, in a formal decree, condemned the Trial
by Battle as "impious"[300]; Montesquieu, at a later time, branded
it as "monstrous"[301]; and Sir William Blackstone characterized it
as "clearly an unchristian, as well as most uncertain, method of
trial."[302] In the light of our day all unite in this condemnation. No
man hesitates. No man undertakes its apology; nor does any man count
as "glory" the feats of arms which it prompted and displayed. But the
laws of morals are general, and not special. They apply to communities
and to nations, as well as to individuals; nor is it possible, by
any cunning of logic, or any device of human wit, to distinguish
between that domestic institution, the Trial by Battle, established by
Municipal Law as arbiter between individuals, and that international
institution, the grander Trial by Battle, established by the Christian
Commonwealth as arbiter between nations. If the judicial combat was
impious, monstrous, and unchristian, then is War impious, monstrous,
and unchristian.
[300] Liutprandi Leges, Lib. VI. cap. 65: Muratori, Rerum Italic.
Script., Tom. I. Pars 2, p. 74.
[301] Esprit des Lois, Liv. XXVIII. ch. 23.
[302] Commentaries, Book IV. ch. 33, Vol. IV. p. 418.
* * * * *
It has been pointedly said in England, that the whole object of king,
lords, and commons, and of the complex British Constitution, is "to
get twelve men into a jury-box"; and Mr. Hume repeats the idea, when
he declares that the _administration of justice_ is the grand aim of
government. If this be true of individual nations in municipal affairs,
it is equally true of the Commonwealth of Nations. The whole complex
system of the Law of Nations, overarching all the Christian nations,
has but one distinct object,--_the administration of justice_ between
nations. Would that with tongue or pen I could adequately expose
the enormity of this system, involving, as it does, the precepts of
religion, the dictates of common sense, the suggestions of economy, and
the most precious sympathies of humanity! Would that now I could impart
to all who hear me something of my own conviction!
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