Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is natural that Senators who pretend, that, by the Law of Nature,
man may hold property in man, should find this pretension in the
Constitution. But the pretension is as much without foundation in the
Constitution as it is without foundation in Nature. It is not too
much to say that there is not one sentence, phrase, or word, not a
single suggestion, hint, or equivocation, even, out of which any such
pretension can be implied,--while great national acts and important
contemporaneous declarations in the Convention which framed the
Constitution, in different forms of language, and also controlling
rules of interpretation, render this pretension impossible. Partisans,
taking counsel of their desires, find in the Constitution, as in the
Scriptures, what they incline to find; and never was this more apparent
than when Slave-Masters deceive themselves so far as to find in the
Constitution a pretension which exists only in their own minds.
Looking for one moment juridically at this question, we are brought
to the conclusion, according to the admission of courts and jurists,
first in Europe, and then in our own country, that Slavery can be
derived from no doubtful word or mere pretension, but only from clear
and special recognition. “The state of Slavery,” said Lord Mansfield,
pronouncing judgment in the great case of Somerset, “is of such a
nature that it is incapable of being introduced on any reasons, moral
or political, but only by _positive law_. It is so odious that nothing
can be suffered to support it but POSITIVE LAW,”--that is, express
words of a written text; and this principle, which commends itself
to the enlightened reason, is adopted by several courts in the Slave
States. Of course every leaning must be against Slavery. A pretension
so peculiar and offensive, so hostile to reason, so repugnant to the
Laws of Nature and the inborn Rights of Man, which, in all its fivefold
wrong, has no other object than to compel fellow-men to work without
wages,--such a pretension, so tyrannical, so unjust, so mean, so
barbarous, can find no place in any system of Government, unless by
virtue of _positive sanction_. It can spring from no doubtful phrase.
It must be declared by unambiguous words, incapable of a double sense.
Public-domain text, read in full here on John Shaqi.
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