Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
A court properly inspired, and ready to assume that just responsibility
which dignifies judicial tribunals, would at once declare Slavery
impossible at the national capital, and set every slave free,--as Lord
Mansfield declared Slavery impossible in England, and set every slave
free. The two cases are parallel; but, alas! the court is wanting
here. The legality of Slavery in England was affirmed in professional
opinions by the ablest lawyers; it was also affirmed on the bench.
England was a Slave State, and even its newspapers were disfigured with
advertisements for the sale of human beings, while the merchants of
London, backed by great names in the law, sustained the outrage. Then
appeared Granville Sharp, the philanthropist, who, pained by the sight
of Slavery, and especially shocked by the brutality of a slave-hunt in
the streets of London, was aroused to question its constitutionality
in England. For two years he devoted himself to anxious study of the
British Constitution in all its multifarious records. His conclusion
is expressed in these precise words: “The word _slaves_, or anything
that can justify the enslaving of others, is not to be found there,
God be thanked!”[238] Thus encouraged, he persevered. By his generous
exertions the negro Somerset, claimed as a slave by a Virginia
gentleman then in London, was defended, and the Court of King’s Bench
compelled to that immortal judgment by which Slavery was forever
expelled from England, and the early boast of the British Constitution
became a practical verity. More than fourteen thousand persons, held
as slaves on British soil--four times as many as are now found in the
national capital--became instantly free, without price or ransom.
The good work that our courts thus far decline remains to be done
by Congress. Slavery, which is a scandalous anomaly and anachronism
here, must be made to disappear from the national capital,--if not
in one way, then in another. A judgment of court would be simply on
the question of constitutional right, without regard to policy. But
there is no consideration of right or of policy, from the loftiest
principle to the humblest expediency, which may not properly enter into
the conclusion of Congress. The former might be the triumph of the
magistrate,--the latter must be that of the statesman. But whether from
magistrate or from statesman, it will constitute an epoch in history.
* * * * *
Public-domain text, read in full here on John Shaqi.
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