Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The Senator is entirely mistaken, when he says that the rule which I
seek to overturn proceeds from the Supreme Court. It is no such thing;
and if I can have his attention one moment, I can make him understand
it. The rule against the testimony of colored persons stands on the
local law of the States, and not on any decision of the Supreme Court
of the United States. The Court cannot interfere with it one way or
the other. Congress alone, when legislating for its own courts, can
interfere with it; and I entreat the Senate now, as it is about to
legislate for the national courts, to interfere with it. The amendment
of the Senator from Connecticut, which I have in my hand, is as
follows:--
“That _the laws of the several States_, except where the
Constitution, treaties, or statutes of the United States shall
otherwise require or provide, shall be regarded as _rules of
decision in all trials at Common Law_ in the courts of the
United States, in cases where they apply.”
That is, the laws of the several States shall be rules of decision
in the United States courts. That is what we declare. I simply
propose to add, that those laws shall not be rules of decision in the
United States courts, so far as they exclude witnesses on account
of color. The Senator from New Hampshire opposes this just, humane,
and irresistible proposition; and his argument is, that, instead of
reaching the result by legislation, we must overturn the Supreme Court.
Sir, permit me to say, his argument is entirely inapplicable, his
whole philippic against the Supreme Court is out of place. Whether I
agree with him or not, it is plain that this is not the time for it;
and I must confess that I like to see things in their proper place.
The question now is much more simple, more direct. Why enter upon
the ample, illimitable debate which the Senator opens? Why review
the Supreme Court and its relations to the country, and whether it
shall be overturned, whether it shall be reformed, whether it shall
be modified? All this has nothing to do with the question, and the
Senator, when he introduced it, simply diverted attention from the
business before us. I do not know that he did it purposely. Indeed, I
rather suspect the ardor of his nature, which has led him into this
strange diversion with its irrelevant amplification.
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