Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“_No person_ held to service or labor in one State, under the
laws thereof, escaping into another, shall, in consequence of
any law or regulation therein, be discharged from such service
or labor, but _shall be delivered up on claim of the party to
whom such service or labor may be due_.”[315]
John Quincy Adams has already remarked that in this much debated
clause the laws of grammar are violated in order to assert the claim
of property in man; for the verb “shall be delivered up” has for
nominative “no person,” and thus the grammatical interpretation
actually forbids the rendition. It is on this jumble and muddle of
words that a superstructure of wrong is built. Even bad grammar may be
disregarded, especially in behalf of human rights; but it is worthy of
remark, that, in this clause of the Constitution, an outrage on human
rights was begun by an outrage on language.
Assuming that the clause is not invalidated by bad grammar, it is
often insisted, and here the Committee concur, that, according to
authoritative rules of interpretation, it cannot be considered
applicable to fugitive slaves; since, whatever the intention of its
authors, no words were employed positively describing fugitive slaves
_and nobody else_. Obviously, this clause, on its face, is applicable
to apprentices, and it is known historically that under it apprentices
have been delivered up on the claim of the party to whom “such service
or labor” was due. It is therefore only by discarding its primary
signification, and adopting a secondary signification, that it can be
made to embrace fugitive slaves. On any common occasion, not involving
a question of human rights, such secondary signification might be
supplied by intendment; but it cannot be supplied to limit or deny
human rights, especially to defeat Liberty, without a violation of
fundamental rules which constitute the glory of the law.
Public-domain text, read in full here on John Shaqi.
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