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
alternative, the proceeding would be by "suit at Common Law," with
Trial by Jury; and it would be the solemn duty of the court, according
to all the forms and proper delays of the Common Law, to try the case
on the evidence, strictly to apply all protecting rules of evidence,
and especially to require stringent proof, by competent witnesses under
cross-examination, that the person claimed was _held_ to service, that
his service was _due_ to the claimant, that he had _escaped_ from the
State where such service was due, and also proof of the _laws_ of the
State under which he was held. _Still further, to the Courts of each
State must belong the determination of the question, to what class of
persons, according to just rules of interpretation, the phrase "person
held to service or labor" is strictly applicable._
Such is this much debated provision. The Slave States, at the formation
of the Constitution, did not propose, as in cases of Naturalization
and Bankruptcy, to empower the National Government _to establish an
uniform rule_ for the rendition of fugitives from service, _throughout
the United States_; they did not ask the National Government to charge
itself in any way with this service; they did not venture to offend the
country, and particularly the Northern States, by any such assertion of
hateful pretension. They were content, under the sanctions of compact,
in leaving it to the public sentiment of the States. There, I insist,
it must remain.
* * * * *
Mr. President, I have occupied much time; but the great subject still
stretches before us. One other point yet remains, which I must not
leave untouched, and which justly belongs to the close. The Slave Act
violates the Constitution, and shocks the Public Conscience. With
modesty, and yet with firmness, let me add, Sir, it offends against the
Divine Law. No such enactment is entitled to support. As the throne of
God is above every earthly throne, so are his laws and statutes above
all the laws and statutes of man. To question these is to question
God himself. But to assume that human laws are beyond question is to
claim for their fallible authors infallibility. To assume that they
are always in conformity with the laws of God is presumptuously and
impiously to exalt man even to equality with God. Clearly, human laws
are not always in such conformity; nor can they ever be beyond question
from each individual. Where the conflict is open, as if Congress should
command the perpetration of murder, the office of conscience as final
arbiter is undisputed. But in every conflict the same queenly office
is hers. By no earthly power can she be dethroned. Each person, after
anxious examination, without haste, without passion, solemnly for
himself must decide this great controversy. Any other rule attributes
infallibility to human laws, places them beyond question, and degrades
all men to an unthinking, passive obedience.
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