Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
But I am to regard it now chiefly as an infringement of the
Constitution. Here its outrages, flagrant as manifold, assume the
deepest dye and broadest character only when we consider that by its
language it is not restricted to any special race or class, to the
African or to the person with African blood, but that any inhabitant
of the United States, of whatever complexion or condition, may be its
victim. Without discrimination of color even, and in violation of every
presumption of freedom, the Act surrenders all who may be claimed as
"owing service or labor" to the same tyrannical proceeding. If there be
any whose sympathies are not moved for the slave, who do not cherish
the rights of the humble African, struggling for divine Freedom, as
warmly as the rights of the white man, let him consider well that the
rights of all are equally assailed. "Nephew," said Algernon Sidney in
prison, on the night before his execution, "I value not my own life a
chip; but what concerns me is, that _the law_ which takes away my life
may hang every one of you, whenever it is thought convenient."
Whilst thus comprehensive in its provisions, and applicable to all,
there is no safeguard of Human Freedom which the monster Act does not
set at nought.
It commits this great question--than which none is more sacred in the
law--not to a solemn trial, but to summary proceedings.
It commits this great question, not to one of the high tribunals of the
land, but to the unaided judgment of a single petty magistrate.
It commits this great question to a magistrate appointed, not by the
President with the consent of the Senate, but by the Court,--holding
office, not during good behavior, but merely during the will of the
Court,--and receiving, not a regular salary, but fees according to each
individual case.
It authorizes judgment on _ex parte_ evidence, by affidavit, without
the sanction of cross-examination.
It denies the writ of Habeas Corpus, ever known as the Palladium of the
citizen.
Contrary to the declared purposes of the framers of the Constitution,
it sends the fugitive back "at the public expense."
Adding meanness to violation of the Constitution, it bribes the
Commissioner by a double stipend to pronounce against Freedom. If he
dooms a man to Slavery, the reward is ten dollars; but saving him to
Freedom, his dole is five.
The Constitution expressly secures the "free exercise of religion":
but this Act visits with unrelenting penalties the faithful men and
women who render to the fugitive that countenance, succor, and shelter
which in their conscience "religion" requires; and thus is practical
religion directly assailed. Plain commandments are broken; and are we
not told that "whosoever shall break one of these least commandments,
and shall teach men so, he shall be called the least in the kingdom of
Heaven"?[165]
[165] Matt. v. 19.
Public-domain text, read in full here on John Shaqi.
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