Charles Sumner: his complete works, volume 04 (of 20) — John Shaqi
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
The policy of Bills of Rights is sometimes called in question. It has
been said that they were originally privileges or concessions extorted
from the king, and, though expedient in a monarchy, are of little
value in a republic. As late as 1821, in the Convention for revising
the Constitution of New York, doubts of their utility were openly
expressed by Mr. Van Buren. But they are now above question. State
after State, ending with California, follows the example of Virginia
and Massachusetts, and places its Bill of Rights in the front of its
Constitution. Nor can I doubt that much good is done by this frank
assertion of fundamental principles. The public mind is instructed,
people learn to know their rights, liberal institutions are confirmed,
and the Constitution is made stable in the hearts of the community.
Bills of Rights are lessons of political wisdom and anchors of liberty.
They are the constant index, and also scourge, of injustice and wrong.
In Massachusetts, Slavery itself disappeared before the declaration
that "all men are born free and equal," interpreted by a liberty-loving
Court.[32]
[32] See, on this subject, a paper entitled "The Extinction of
Slavery in Massachusetts," by Emory Washburn: Coll. Mass. Hist.
Soc., 4th Ser. Vol. IV. pp. 333-346.
* * * * *
In the Convention of 1780 the Bill of Rights formed a prominent subject
of interest. The necessity of such a safeguard had been pressed
upon the people, and its absence from the Constitution of 1778 was
unquestionably a reason for the rejection of that ill-fated effort.
Indeed, the Constitution was openly opposed because it had no Bill of
Rights. In the array of objections at the period was the following,
which I take from an important contemporaneous publication: "That
a Bill of Rights, clearly ascertaining and defining the rights of
conscience and that security of person and property which every member
in the State hath a right to expect from the supreme power thereof,
ought to be settled and established previous to the ratification of any
Constitution for the State."[33] Accordingly, at the earliest moment
after the organization of the Convention, a motion was made, "that
there be a Declaration of Rights prepared previous to the framing a new
Constitution of Government," which after adoption gave way to another,
"that the Convention _will prepare_ a Declaration of Rights," and this
motion prevailed by a nearly unanimous vote,--the whole number present,
as returned by the monitors, being two hundred and fifty-one, of whom
two hundred and fifty voted in the affirmative.[34] Thus emphatically
did the early fathers of Massachusetts manifest their watchfulness for
the rights of the people; and there is good reason to believe, also,
that among the motives which stimulated it was a determination in this
way to abolish Slavery.[35] The Convention then resolved to "proceed
to the framing a new Constitution of Government." A grand Committee
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