Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
_Fourthly._ Beyond these is a principle of the Common Law, clear and
indisputable, a supreme rule of interpretation, from which in this
case there can be no appeal. In any question under the Constitution
_every word must be construed in favor of Liberty_. This rule, which
commends itself to the natural reason, is sustained by time-honored
maxims of early jurisprudence. Blackstone aptly expresses it, when
he says that "the law is always ready to catch at anything in favor
of Liberty."[122] The rule is repeated in various forms. _Favores
ampliandi sunt; odia restringenda_: "Favors are to be amplified;
hateful things to be restrained." _Lex Angliæ est lex misericordiæ_:
"The law of England is a law of mercy." _Angliæ jura in omni casu
Libertati dant favorem_: "The laws of England in every case show favor
to Liberty." And this sentiment breaks forth in natural, though intense
force, in the maxim, _Impius et crudelis judicandus est qui Libertati
non favet_: "He is to be adjudged impious and cruel who does not favor
Liberty." Reading the Constitution in the admonition of these rules,
Freedom, again I say, is national.[123]
[122] Commentaries, Vol. II. p. 94.
[123] These maxims are enforced with beautiful earnestness in
a tract which appeared at Baltimore shortly after the adoption
of the Constitution, with the following title-page: "Letter from
Granville Sharp, Esq., of London, to the Maryland Society for
Promoting the Abolition of Slavery and the Relief of Free Negroes
and others unlawfully held in Bondage. Published by Order of the
Society. Baltimore: Printed by D. Graham, L. Yundt, and W. Patton,
in Calvert Street, near the Court-House. M.DCC.XCIII."
_Fifthly._ From a learned judge of the Supreme Court of the United
States, in an opinion of the Court, we derive the same lesson. In
considering the question, whether a State can prohibit the importation
of slaves as merchandise, and whether Congress, in the exercise of
its power to regulate commerce among the States, can interfere with
the slave-trade between the States, a principle was enunciated,
which, while protecting the trade from any intervention of Congress,
declares openly that the Constitution acts upon no man as property.
Mr. Justice McLean says: "If slaves are considered in some of the
States as merchandise, that cannot divest them of the leading and
controlling quality of persons, by which they are designated in the
Constitution. The character of property is given them by the local
law. This law is respected, and all rights under it are protected,
by the Federal authorities; _but the Constitution acts upon slaves
as PERSONS, and not as property_.... The power over Slavery
belongs to the States respectively. It is local in its character, and
in its effects."[124] Here again Slavery is sectional, while Freedom is
national.
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