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
The whole dogma of _passive obedience_ must be rejected, whatever guise
it assumes, under whatever _alias_ it skulks,--whether in tyrannical
usurpations of king, parliament, or judicial tribunal,--whether in
exploded theories of Sir Robert Filmer, or rampant assumptions of
the Fugitive Slave Act. The rights of the civil power are limited;
there are things beyond its province; there are matters out of its
control; there are cases in which the faithful citizen may say,--ay,
_must_ say,--"I will not obey." One of the highest flights of Mirabeau
was, when, addressing the National Assembly of France, he protested
against a law then pending, and exclaimed, "If you make such a law,
I swear never to obey it!"[138] No man now responds to the words of
Shakespeare, "If a king bid a man be a villain, he is bound by the
indenture of his oath to be one." Nor, in this age of civilization and
liberty, will any prudent reasoner, who duly considers the rights of
conscience, claim for any earthly magistrate or tribunal, howsoever
styled, a power which the loftiest monarch of a Christian throne,
wearing on his brow "the round and top of sovereignty," dare not assert.
[138] Projet de Loi sur les Émigrations, 28 Février, 1791:
OEuvres, (Paris, 1834,) Tom. III. p. 85.
On this twofold conclusion I rest, and do not doubt the final result.
The citizen who has sworn to support the Constitution is constrained to
support it simply as he understands it. The citizen whose private life
has kept him from assuming the obligations of official oath may bravely
set at nought the unrighteous ruling of a magistrate, and, so doing, he
will serve justice, though he expose himself to stern penalties.
Fellow-citizens of Massachusetts, our own local history is not without
encouragement. In early colonial days, the law against witchcraft, now
so abhorrent to reason and conscience, was regarded as constitutional
and binding,--precisely as the Fugitive Slave Act, not less abhorrent
to reason and conscience, is regarded as constitutional and binding. A
special Court of Oyer and Terminer, with able judges, whose names are
entwined with our history, enforced this law at Salem by the execution
of nineteen persons as witches,--precisely as petty magistrates,
acting under sanction of the Supreme Court of the United States, and
also of the Supreme Court of Massachusetts, have enforced the Fugitive
Act by the reduction of two human beings to slavery. The clergy of
Massachusetts, particularly near Boston, and also Harvard College,
were for the law. "Witchcraft," shouted Cotton Mather from the pulpit,
"is the most nefandous high treason," "a capital crime,"--even as
opposition to the Fugitive Act has been denounced as "treason."
[_Laughter._]
Public-domain text, read in full here on John Shaqi.
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