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
of the maxim is an old law phrase, found in Law Dictionaries, and
often repeated. A letter, dated London, May 4, 1621, relating the
fine and degradation of Lord Bacon, concludes, _Fiat justitia_.
(Birch's James I., Vol. II. p. 252.) Charles I., in a letter to the
Lords, dated May 11, 1641, interceding for Strafford, said: "But
if no less than his life can satisfy my people, I must say, _Fiat
justitia_." (Parl. Hist. Vol. IX. p. 316. Howell's State Trials,
Vol. III. col. 1520.) If not classical in authority, the maxim is
not without interest from association with great events of English
history, while it is a perpetual injunction to justice. Shakespeare
gives expression to similar truth, when he says, "Be just and fear
not."
And still another rule, hardly less important or less commanding, was
clearly proclaimed in these penetrating words: "I care not for the
supposed _dicta_ of judges, however eminent, _if they be contrary to
all principle_"; or, in other language, In vain do you invoke great
names in the law, even the names of Hardwicke and Talbot, and my own
learned associate, Blackstone, in behalf of an institution which defies
reason and outrages justice. Human precedent is powerless against
immutable principle. Thus again spoke the Chief Justice of England.
Braced by these rules, the next stages were logically easy. And here
he uttered words which are like a buttress to Freedom. He declared,
that, tracing Slavery to _natural principles_, it can never be
supported: that is to say, Slavery is a violation of the great law
of Nature, established by God himself, coextensive in space and time
with the Universe. Again he proclaimed, Slavery cannot stand on any
reason, moral or political, but only by virtue of _positive law_; and
he clinched his conclusion by the unquestionable truth, that, in a
matter so _odious_, the evidence and authority of this law must be
taken strictly: in other words, a wrong like Slavery, which finds no
support in natural law or in reason, can be maintained, if at all, only
by some dread mandate, from some sovereign authority, irresistibly
clear and incapable of a double sense, which declares in precise and
unequivocal terms, that men guilty of no crime may be held as _slaves_,
and be submitted to the bargains of the market-place, the hammer of
the auctioneer, and the hunt of the blood-hound. Clearly no such
mandate could be shown in England. After asserting the obvious truth,
that rights cannot depend on any discrimination of color, and thus
discarding the profane assumptions of race, while he quoted apt Roman
authority,--
"Quamvis ille niger, quamvis tu candidus esses,"
the Chief Justice concluded, "And therefore let the negro be
discharged." Such was this immortal judgment. I catch its last words,
already resounding through the ages, with the voice of deliverance to
an enslaved people.
Public-domain text, read in full here on John Shaqi.
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