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
And yet, Sir, in zeal for this enormity, Senators announce their
purpose to break down the recent legislation of States, calculated to
shield the liberty of the citizen. "It is difficult," says Burke, "to
frame an indictment against a whole people." But here in the Senate,
where are convened the jealous representatives of the States, we hear
whole States arraigned, as if already guilty of crime. The Senator from
Louisiana [Mr. BENJAMIN], in plaintive tones sets forth the
ground of proceeding, and more than one State is summoned to judgment.
It would be easy to show, by critical inquiry, that this whole charge
is without just foundation, and that all the legislation so much
condemned is as clearly defensible under the Constitution as it is
meritorious in purpose.
Sir, the only crime of these States is, that Liberty is placed before
Slavery. Follow the charge, point by point, and this is apparent. In
securing to every person claimed as slave the protection of trial
by jury and the _Habeas_ _Corpus_, they simply provide safeguards
strictly within the province of every State, and rendered necessary by
the usurpation of the Fugitive Act. In securing the aid of counsel to
every person claimed as slave, they but perform a kindly duty, which
no phrase or word in the Constitution can be tortured to condemn.
In visiting with severe penalties every malicious effort to reduce
a fellow-man to slavery, they respond to the best feelings of the
human heart. In prohibiting the use of county jails and buildings as
barracoons and slave-pens,--in prohibiting all public officers, holding
the commission of the State, in any capacity, whether as Chief Justice
or Justice of the Peace, whether as Governor or Constable, from any
service as slave-hunter,--in prohibiting the _volunteer militia_ of the
State, in its organized form, from any such service, the States simply
exercise a power under the Constitution, recognized by the Supreme
Court of the United States even while upholding Slavery in the fatal
_Prigg_ case, by POSITIVE PROHIBITION, to withdraw its own
officers from this offensive business.
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