Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
But the end was not yet. By this accidental and disinterested act of
humanity Sharp was exposed at the same time to personal insult and
to a suit at law. The discomfited claimant--the same lawyer who had
originally abandoned the slave in the streets of London--called on him
"to demand gentlemanlike satisfaction"; to which the philanthropist
replied, that, as "he had studied the law so many years, he should want
no satisfaction that the law could give him." And he nobly redeemed
his word; for he applied himself at once to his defence against the
legal process instituted by the claimant for an alleged abstraction of
_property_. Here begins his greatness.
It is in collision with difficulty that the sparks of genuine character
appear. This simple-hearted man, now vindictively pursued, laid his
case before an eminent solicitor, who, after ample consideration with
learned counsel, among whom was the celebrated Sir James Eyre, did
not hesitate to assure him, that, under the British Constitution, he
could not be defended against the action. An opinion given in 1729,
by the Attorney-General and Solicitor-General of the time, Yorke and
Talbot,--two great names in the English law, and each afterwards
Lord Chancellor,--was adduced, declaring, under their respective
signatures, "that a slave, by coming from the West Indies to Great
Britain or Ireland, either with or without his master, _doth not_
become free," and "that the master may legally compel him to return
to the plantations"; and Lord Mansfield, the Chief Justice, was
reported as strenuously concurring in this opinion, to the odious
extent of delivering up fugitive slaves to their claimants. With these
authorities against him, and forsaken by professional defenders, Sharp
was not disheartened; but, though, according to his own striking
language, "totally unacquainted either with the practice of the
law or the foundations of it, having never in his life opened a
law-book except the Bible," he was inspired to depend on himself. An
unconquerable will, and instincts often profounder in their teaching
than any learning, were now his counsellors. For nearly two years,
during which the suit was still pending, he gave himself to intense
study of the British Constitution in all its bearings upon human
liberty. During these researches he was confirmed in his original
prepossessions, and aroused to undying hostility against Slavery, which
he plainly saw to be without any sanction in the Constitution. "_The
word_ SLAVES," he wrote, "_or anything that can justify the
enslaving of others, is not to be found there, God be thanked!_"[147]
And I, too, say, God be thanked!
[147] Memoirs, p. 38.
Public-domain text, read in full here on John Shaqi.
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