Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is sometimes gravely urged, that, since the Supreme Court of the
United States has affirmed the constitutionality of the Fugitive Act,
there only remains to us, in all places, whether in public station or
in private life, the duty of absolute submission. Yes, Sir, that is the
assumption, which you will perceive is applied to the humblest citizen
who holds no office and has taken no oath to support the Constitution,
as well as to the public servant who is under the special obligations
of an official oath. Now, without stopping to consider the soundness
of the judgment affirming the constitutionality of this Act, let me
say that the Constitution, as I understand it, exacts no such _passive
obedience_. In taking the oath to support the Constitution, it is as I
understand it, and not as other men understand it. [_Loud applause._]
In adopting this rule, first authoritatively enunciated by Andrew
Jackson, when, as President of the United States, in the face of the
Supreme Court, he asserted the unconstitutionality of the Bank, I
desire to be understood as not acting hastily. Let me add, that, if
it needed other authority in its support, it has the sanction also of
the distinguished Cabinet by which he was then surrounded, among whom
were that unsurpassed jurist, Edward Livingston, Secretary of State,
and that still living exemplar of careful learning and wisdom, Roger B.
Taney, then Attorney-General, now Chief-Justice of the United States.
Beyond these, it has the unquestionable authority of Thomas Jefferson,
by whom it was asserted again and again as a rule of conduct. Thus, if
any person at this day be disposed to deal sharply with me on account
of the support which I now most conscientiously give to this rule,
let him remember that his thrusts will pierce not only myself, the
humblest of its supporters, but also the great fame of Andrew Jackson
and of Thomas Jefferson,--patriots both of eminent life and authority,
on whose Atlantean shoulders this principle of Constitutional Law will
ever firmly rest.
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