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
"In the Select Committee, I was in favor of a plan of
representation in the House founded on population, as the most just
and equal in its operation. I still retain that opinion. There
were serious objections against this system, and it was believed
by others that the towns could not be brought to consent to yield
up the corporate privileges of representation, which had been
enjoyed so long, and were so intimately connected with their pride
and their interests. I felt constrained, therefore, with great
reluctance, to yield up a favorite plan. I have lived long enough
to know, that, in any question of government, something is to be
yielded up on all sides. Conciliation and compromise lie at the
origin of every free government; and the question never was and
never can be, what is absolutely best, but what is relatively wise,
just, and expedient. I have not hesitated, therefore, to support
the plan of the Select Committee, as one that, on the whole, was
the best that, under existing circumstances, could be obtained."[22]
[22] Debates, etc., in the Convention to revise the Constitution of
Massachusetts, 1820-21, p. 136 _c._ Story's Miscellaneous Writings,
p. 518.
Sir, I am not insensible to these considerations, or to the authority
of these examples. A division of the State into districts would be a
change, in conformity with abstract principles, which would interfere
with existing opinions, habitudes, and prejudices of the towns, all of
which must be respected. A change so important in character cannot be
advantageously made, unless supported by the permanent feelings and
convictions of the people. Institutions are formed _from within_, not
_from without_. They spring from custom and popular faith, silently
operating with internal power, not from the imposed will of a lawgiver.
And our present duty here, at least on this question, may be in some
measure satisfied, if we aid this growth.
Two great schools of jurisprudence for a while divided the learned mind
of Germany,--one known as the Historic, the other as the Didactic. The
question between them was similar to that now before the Convention.
The first regarded all laws and institutions as the growth of custom,
under constant influences of history; the other insisted upon positive
legislation, giving to them a form in conformity with abstract reason.
It is clear that both were in a measure right. No lawgiver or statesman
can disregard either history or abstract reason. He must contemplate
both. He will faithfully study the Past, and will recognize its
treasures and traditions; but, with equal fidelity, he will set his
face towards the Future, where all institutions will at last be in
harmony with truth.
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