Charles Sumner: his complete works, volume 07 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 07 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
There is another enunciation, by which the Declaration is equally
memorable, although this feature has been less noticed. Certainly
it has not been noticed by Mr. Thayer, or he would never venture to
derive his pretension from a Declaration which positively excludes
all such idea. Other governments, even those of the American Colonies,
have been founded on _force_, and the sovereignty which they claimed
was unlimited, so as to sanction Slavery. That I may not seem to
make this statement hastily, pardon me, if I adduce two illustrative
authorities. I refer first to Sir William Blackstone, the commentator
on the Laws of England, who says: “There is and must be in all forms
of government, however they began, or by what right soever they
subsist, a supreme, irresistible, absolute, uncontrolled authority,
in which the _rights of sovereignty_ reside;”[24] and this power,
which in England is attributed to Parliament, he calls in one place
“that _absolute despotic power_ which must in all governments reside
_somewhere_.”[25] I refer also to the famous Dr. Johnson, who, in his
tract entitled “Taxation no Tyranny,” openly says that “all government
is ultimately and essentially absolute”; that “in sovereignty there
are no gradations”; that “there must in every society be some power
or other from which there is no appeal,” which “extends or contracts
privileges, exempt itself from question or control, and bounded only by
physical necessity.”[26]
In the face of these contemporary authorities, one an eminent jurist,
and the other an eminent moralist, both well known to our fathers,
and in the face of all traditions of government, the Declaration of
Independence disclaimed all despotic, absolute, or unlimited power, and
voluntarily brought the new sovereignty within the circumscription of
_Right_. Not content with declaring that the rights to life, liberty,
and the pursuit of happiness are inalienable, and therefore beyond
the control of any sovereignty, the Declaration went further, and,
by abnegation worthy of perpetual honor, solemnly restrained the new
sovereignty,--simply claiming for it the “power to do all acts and
things which independent states may OF RIGHT do.” Even had this express
limitation been omitted, no such incident of sovereignty as that
asserted by Mr. Thayer could be derived from an instrument containing
those words with which the Declaration begins; but with these latter
words of special limitation, the pretension becomes absurd.
Such, fellow-citizens, is the Popular Sovereignty of the Declaration
of Independence, drawing its life, first, from the inalienable Rights
of Man, and then, by positive words, restrained to what is Right.
And this is the Popular Sovereignty which, lifting the down-trodden
and trampling on tyrants,--now gentle as Charity, and then terrible
as an army with banners,--is destined to make the tour of the world,
rendering Slavery everywhere impossible.
Public-domain text, read in full here on John Shaqi.
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