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
But this Act is not only an unwarrantable assumption of power by the
Nation, it is also an infraction of rights reserved to the States.
Everywhere within their borders the States are the peculiar guardians
of _personal liberty_. By Jury and Habeas Corpus to save the citizen
harmless against all assault is among their duties and rights. To his
State the citizen, when oppressed, may appeal; nor should he find that
appeal denied. But this Act despoils him of rights, and despoils his
State of all power to protect him. It subjects him to the wretched
chance of false oaths, forged papers, and facile commissioners, and
takes from him every safeguard. Now, if the slaveholder has a right
to be secure _at home_ in the enjoyment of _Slavery_, so also has
the freeman of the North--and every person there is presumed to be
a freeman--an equal right to be secure _at home_ in the enjoyment
of _Freedom_. The same principle of State Eights by which Slavery
is protected in the Slave States throws an impenetrable shield over
Freedom in the Free States. And here, let me say, is the only security
for Slavery in the Slave States, as for Freedom in the Free States. In
the present fatal overthrow of State Rights you teach a lesson which
may return to plague the teacher. Compelling the National Government to
stretch its Briarean arms into the Free States for the sake of Slavery,
you show openly how it may stretch these same hundred giant arms into
the Slave States for the sake of Freedom. This lesson was not taught by
our fathers.
Here I end this branch of the question. The true principles of our
Political System, the history of the National Convention, the natural
interpretation of the Constitution, all teach that this Act is a
usurpation by Congress of powers that do not belong to it, and an
infraction of rights secured to the States. It is a sword, whose
handle is at the National Capital, and whose point is everywhere in
the States. A weapon so terrible to Personal Liberty the Nation has no
power to grasp.
* * * * *
(2.) _And now of the denial of Trial by Jury._
Admitting, for the moment, that Congress is intrusted with power over
this subject, which truth disowns, still the Act is again radically
unconstitutional from its denial of Trial by Jury in a question of
Personal Liberty and a suit at Common Law. Since on the one side there
is a claim of property, and on the other of liberty, both property and
liberty are involved in the issue. To this claim on either side is
attached Trial by Jury.
Public-domain text, read in full here on John Shaqi.
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