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
Mr. President, I have said enough to show the usurpation by Congress
under the "fugitive" clause of the Constitution, and to warn you
against abetting this usurpation. But I have left untouched those other
outrages, many and great, which enter into the existing Fugitive Slave
Act, among which are the denial of trial by jury, the denial of the
writ of _Habeas Corpus_, the authorization of judgment on _ex parte_
evidence without the safeguard of cross-examination, and the surrender
of the great question of Human Freedom to be determined by a mere
Commissioner, who, according to the requirement of the Constitution, is
grossly incompetent to any such service. I have also left untouched the
hateful character of this enactment, as a barefaced subversion of every
principle of humanity and justice. And now, Sir, we are asked to lend
ourselves anew to this enormity, worthy only of indignant condemnation;
we are asked to impart new life to this pretended law, this false
Act of Congress, this counterfeit enactment, this monstrosity of
legislation, which draws no life from the Constitution, as it clearly
draws no life from that Supreme Law which is the essential fountain of
life to every human law.
Sir, the bill before you may have the approval of Congress; and in yet
other ways you may seek to sustain the Fugitive Slave Act. But it will
be in vain. You undertake what no legislation can accomplish. Courts
may come forward, and lend it their sanction. All this, too, will be in
vain. I respect the learning of judges; I reverence the virtue, more
than learning, by which their lives are often adorned. Nor learning,
nor virtue, when, with mistaken force, bent to this purpose, can avail.
I assert confidently, Sir, and ask the Senate to note my assertion,
that there is no court, howsoever endowed with judicial qualities or
surrounded by public confidence, which is strong enough to lift this
Act into permanent consideration or respect. It may seem for a moment
to accomplish the feat. Its decision may be enforced, amidst tears and
agonies. A fellow-man may be reduced anew to slavery. But all will
be in vain. This Act cannot be upheld. Anything so entirely vile, so
absolutely atrocious, would drag an angel down. Sir, it must drag down
every court or judge venturing to sustain it.
Public-domain text, read in full here on John Shaqi.
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