Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
If curiosity carries us to the origin of this law,--and here I
approach a topic often considered in this Chamber,--we shall again
confess its Barbarism. It is not derived from the Common Law, that
fountain of Liberty; for this law, while unhappily recognizing a
system of servitude known as villeinage, secured to the bondman
privileges unknown to the American slave,--guarded his person against
mayhem,--protected his wife against rape,--gave to his marriage equal
validity with the marriage of his master,--and surrounded his offspring
with generous presumptions of Freedom, unlike that rule of yours by
which the servitude of the mother is necessarily stamped upon the
child. It is not derived from the Roman Law, that fountain of Tyranny,
for two reasons: first, because this law, in its better days, when its
early rigors were spent, like the Common Law itself, secured to the
bondman privileges unknown to the American slave,--in certain cases of
cruelty rescued him from his master, prevented separation of parents
and children, also of brothers and sisters, and even protected him in
the marriage relation; and, secondly, because the Thirteen Colonies
were not derived from any of those countries which recognized the Roman
Law, while this law, even before the discovery of this continent, had
lost all living efficacy. It is not derived from the Mohammedan Law;
for, under the mild injunctions of the Koran, a benignant servitude,
unlike yours, has prevailed,--where the lash is not allowed to lacerate
the back of a female,--where no knife or branding-iron is employed upon
any human being, to mark him as the property of his fellow-man,--where
the master is expressly enjoined to favor the desires of his slave for
emancipation,--and where the blood of the master, mingling with that
of his bondwoman, takes from her the transferable character of chattel,
and confers complete freedom upon their offspring. It is not derived
from the Spanish Law; for this law contains humane elements unknown
to your system, borrowed, perhaps, from Mohammedan Moors who so long
occupied Spain; and, besides, our Thirteen Colonies had no umbilical
connection with Spain. Nor is it derived from English statutes or
American statutes; for we have the positive and repeated averment of
the Senator from Virginia [Mr. MASON], and also of other Senators, that
in not a single State of the Union can any such statutes establishing
Slavery be found. From none of these does it come.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account