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
The Senator from South Carolina (Mr. BUTLER) was right, when, at the
beginning of the session, he pointedly said that a law which can be
enforced only by the bayonet is no law.[194] Sir, it is idle to suppose
that an Act of Congress becomes effective merely by compliance with
the forms of legislation. Something more is necessary. The Act must
be in harmony with the prevailing public sentiment of the community
upon which it bears. I do not mean that the cordial support of every
man or of every small locality is necessary; but I do mean that the
public feelings, the public convictions, the public conscience, must
not be touched, wounded, lacerated, by every endeavor to enforce it.
With all these it must be so far in harmony, that, like the laws by
which property, liberty, and life are guarded, it may be administered
by the ordinary process of courts, without jeoparding the public
peace or shocking good men. If this be true as a general rule, if the
public support and sympathy be essential to the life of all law, this
is especially the case in an enactment which concerns the important
and sensitive rights of Personal Liberty. In conformity with this
principle, the Legislature of Massachusetts, in 1850, by formal
resolution, declared with singular unanimity:--
"We hold it to be the duty of Congress to pass such laws only in
regard thereto as will be sustained by the public sentiment of the
Free States, where such laws are to be enforced."[195]
[194] Speech on the Compromise Measures, December 16, 1851:
Congressional Globe, Vol. XXIV, p. 93.
[195] Resolves concerning Slavery, May 1, 1850: Acts and Resolves,
1849-51, p. 519.
The duty of consulting these sentiments was recognized by Washington.
While President of the United States, towards the close of his
administration, he sought to recover a slave who had fled to New
Hampshire. His autograph letter to Mr. Whipple, the Collector at
Portsmouth, dated at Philadelphia, 28th November, 1796, which I now
hold in my hand, and which has never before seen the light, after
describing the fugitive, and particularly expressing the desire of
"her mistress," Mrs. Washington, for her return, employs the following
decisive language:--
"I do not mean, however, by this request, that such violent
measures should be used AS WOULD EXCITE A MOB OR RIOT, WHICH MIGHT
BE THE CASE, IF SHE HAS ADHERENTS, OR EVEN UNEASY SENSATIONS IN THE
MINDS OF WELL-DISPOSED CITIZENS. Rather than either of these should
happen, I would forego her services altogether,--and the example,
also, which is of infinite more importance.
"GEORGE WASHINGTON."
Mr. Whipple, in his reply, dated at Portsmouth, December 22, 1796, an
autograph copy of which I have, recognizes the rule of Washington.
Public-domain text, read in full here on John Shaqi.
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