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
[211] Relation of the Imprisonment of Mr. John Bunyan, written by
Himself: Works (Glasgow, 1853), Vol. I. pp. 59, 60. Balmez, the
Spanish divine, whose vindication of the early Catholic Church is
a remarkable monument, declares, after careful discussion, "that
the rights of the civil power are limited, that there are things
beyond its province,--cases in which a man may say, and ought to
say, _I will not obey_." (Protestantism and Catholicity Compared,
Ch. 54.) Devices to avoid the enforcement of unjust laws illustrate
this righteous disobedience,--as where English juries, before the
laws had been made humane, found an article stolen to be less
than five shillings in value, in order to save the criminal from
capital punishment. In the Diary of John Adams, December 14, 1779,
at Ferrol, in Spain, there is a curious instance of law requiring
that a convicted parricide should be headed up in a hogshead with
an adder, a toad, a dog, and a cat, and then cast into the sea;
but in a case that had recently occurred the barbarous law was
evaded by painting these animals on a hogshead containing the
dead body of the criminal. (Works, Vol. III. p. 233.) In similar
spirit, the famous President Jeannin, high in the magistracy and
diplomacy of France, when called to a consultation on a mandate
of Charles the Ninth, at the epoch of St. Bartholomew, said, "We
must obey the sovereign slowly, when he commands in anger"; and
he concluded by asking "letters patent before executing orders so
cruel." (Biographie Universelle, art. _Jeannin Pierre_.) The remark
of Casimir Périer, when Prime-Minister, to Queen Hortense, that
it might be "legal" for him to arrest her, but not "just," makes
the same distinction. (Guizot, Mémoires pour servir à l'Histoire
de mon Temps, Tom. II. p. 219. See _ante_. Vol. II. pp. 398, 399.)
The case is stated with perfect moderation by Grotius, when he says
that human laws have _a binding force_ only when they are made
in a humane manner, not if they impose a burden which is plainly
abhorrent to reason and Nature,--_non si onus injungant quod a
ratione et natura plane abhorreat_. (De Jure Belli ac Pacis, Lib.
III. Cap. XXIII. v. 3; also Lib. I. Cap. IV. vii. 2, 3.) These
latter words aptly describe the "burden" imposed by the Slave Act.
Public-domain text, read in full here on John Shaqi.
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