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
With this guiding example I cannot despair. The time will yet come when
the boast of our fathers will be made a practical verity also, and
Court or Congress, in the spirit of this British judgment, will proudly
declare that nowhere under the Constitution can man hold property
in man. For the Republic such a decree will be the way of peace and
safety. As Slavery is banished from the national jurisdiction, it will
cease to vex our national politics. It may linger in the States as a
local institution; but it will no longer engender national animosities,
when it no longer demands national support.
II.
From this general review of the relations of the National Government
to Slavery, I pass to the consideration of THE TRUE NATURE OF THE
PROVISION FOR THE RENDITION OF FUGITIVES FROM SERVICE, embracing
an examination of this provision in the Constitution, and especially
of the recent Act of Congress in pursuance thereof. As I begin this
discussion, let me bespeak anew your candor. Not in prejudice, but in
the light of history and of reason, we must consider this subject. The
way will then be easy, and the conclusion certain.
Much error arises from the exaggerated importance now attached to this
provision, and from assumptions with regard to its origin and primitive
character. It is often asserted that it was suggested by some special
difficulty, which had become practically and extensively felt, anterior
to the Constitution. But this is one of the myths or fables with which
the supporters of Slavery have surrounded their false god. In the
Articles of Confederation, while provision is made for the surrender
of fugitive criminals, nothing is said of fugitive slaves or servants;
and there is no evidence in any quarter, until after the National
Convention, of hardship or solicitude on this account. No previous
voice was heard to express desire for any provision on the subject. The
story to the contrary is a modern fiction.
I put aside, as equally fabulous, the common saying, that this
provision was one of the original compromises of the Constitution,
and an essential condition of Union. Though sanctioned by eminent
judicial opinions, it will be found that this statement is hastily
made, without any support in the records of the Convention, the only
authentic evidence of the compromises; nor will it be easy to find
any authority for it in any contemporary document, speech, published
letter, or pamphlet of any kind. It is true that there were compromises
at the formation of the Constitution, which were the subject of anxious
debate; but this was not one of them.
There was a compromise between the small and large States, by which
equality was secured to all the States in the Senate.
Public-domain text, read in full here on John Shaqi.
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