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
On other occasions, of purely commercial character, his judgments
are more learned and elaborate, besides being reported with more
completeness and care; but no judgment of equal significance ever fell
from the great Oracle. From various sources I have sought its precise
import.[158] It is remarkable for several rules, which it clearly
enunciates, and which, though often assaulted, still stand as reason
and as law. Of these, the first is expressed in these simple words: "If
the parties will have judgment, _fiat justitia, ruat coelum_: let
justice be done, whatever be the consequence." The Latin phrase which
here plays such a prominent part, though of classical stamp, cannot be
traced to any classical origin, and it has even been asserted that it
was freshly coined by Lord Mansfield on this occasion, worthy of such
commanding truth in such commanding phrase. But it is of older date,
and from another mint,--though it is not too much to say, that it took
its currency and authority from him. Coming from such a conservative
magistrate, it is of peculiar importance. With little expansion, it
says openly: To every man his natural rights; justice to all, without
distinction of person, without abridgment, and without compromise. Let
justice be done, though it drags down the pillars of the sky. Thus
spoke the Chief Justice of England.[159]
[158] It is strange that there should be no single satisfactory
report of this memorable judgment. That usually quoted from
Howell's State Trials, Vol. XX. coll. 80-82, was copied from
Lofft, a reporter generally avoided as authority. There is another
report in Hoare's Memoirs of Sharp, pp. 89-91; also another in
Campbell's Lives of the Chief Justices, Vol. II. p. 419; and still
another, and in some respects the best, in the Appendix (No. 8) to
a tract published by Sharp in 1776, entitled "The Just Limitation
of Slavery in the Laws of God, compared with the Unbounded Claims
of the African Traders and British American Slaveholders." It is
considered and quoted in other contemporary tracts.
Public-domain text, read in full here on John Shaqi.
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