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
As a compact, its execution depends absolutely upon the States, without
any intervention of the Nation. _Each State, in the exercise of its own
judgment, will determine for itself the precise extent of obligation
assumed._ As a compact in derogation of Freedom, it must be construed
strictly in every respect, leaning always in favor of Freedom, and
shunning any meaning, not clearly necessary, which takes away important
personal rights; mindful that the parties to whom it is applicable are
regarded as "persons," of course with all the rights of "persons,"
under the Constitution; especially mindful of the vigorous maxim
of the Common Law, early announced by Fortescue, that "he is to be
adjudged impious and cruel who does not favor Liberty"[204]; and also
completely adopting, in letter and spirit, as becomes a just people,
the rule of the great Commentator, that "the law is always ready to
catch at anything in favor of Liberty."[205] With this key the true
interpretation is natural and easy.
[204] De Laudibus Legum Angliæ, Cap. XLII.; Coke upon Littleton,
124_b_. Granville Sharp, in the remarkable testimony already cited
(_ante_, p. 108), quotes Fortescue thus: "For in behalf of Liberty
human nature always implores: because _Slavery is introduced by
man_, and _for vice_; but _Liberty_ is implanted _by God_ in the
very nature of _man_: wherefore, when stolen by man, it always
earnestly longs to return; as does everything which is deprived of
_natural liberty_. For which reason the _man_ who does _not favor
Liberty_ is to be adjudged _impious_ and _cruel_. The laws of
England acknowledging these principles give favor to _Liberty in
every case_." After this extract from Fortescue, we are reminded
that "Slavery is properly declared by one of our oldest English
authorities in law, Fleta, to be _contrary to Nature_ (Fleta, 2d
edit. p. 1), which expression of Fleta is really a maxim of the
Civil or Roman Law"; and then Sharp predicts the time when "our
deluded statesmen, lawyers, commercial politicians, and planters
shall be compelled to understand that a more forcible expression of
illegality and iniquity could not have been used than that by which
Slavery is defined in the Roman code, as well as by our English
Fleta, _i. e._ that it is _contra naturam_, against Nature; for,
consequently, it must be utterly illegal, a crime which by the
first foundation of English law is justly deemed both _impious_ and
_cruel_", and he adds, "The severity of these expressions cannot be
restrained without injustice to the high authorities on which this
argument is founded." (Letter to the Maryland Society for Promoting
the Abolition of Slavery, etc., pp. 6-8.) This testimony of the
great English Abolitionist is reinforced, especially with regard
to fugitive slaves, when we consider its publication in 1793 by
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account