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
This principle is common to every system of civilized jurisprudence;
but it has been nowhere expressed with more force than in the maxims
of the Common Law and the decisions of its courts. It entered into the
remarkable argument of Granville Sharp, which preceded the judgment
extorted from Lord Mansfield, and led him to exclaim, in words
strictly applicable to the Constitution of the United States, “The
word _slaves_, or anything that can justify the enslaving of others,
is not to be found, God be thanked,” in the British Constitution.[316]
It entered into the judgment pronounced at last by Lord Mansfield,
under the benevolent pressure of Granville Sharp, in the renowned
Somerset case, where this great magistrate grandly declared that
Slavery could not exist in England. His words cannot be too often
quoted as an illustration of the true rule of interpretation. “The
state of Slavery,” he said, “is of such a nature, that it is incapable
of being introduced on any reasons moral or political, _but only by
positive law_.… It is so odious, that nothing can be suffered to
support it _but positive law_.”[317] Therefore the authority for
Slavery cannot be derived from any words of doubtful import. Such words
are not “positive.” And clearly, by the same rule, _if the words are
susceptible of two different significations, that must be adopted which
is hostile to Slavery_. This same cardinal principle, thus announced
by the Chief Justice of England, has been echoed by the Chief Justice
of the United States, being none other than Marshall, speaking for our
own Supreme Court, when he said, “_Where rights are infringed_, … the
legislative intention must be expressed with _irresistible clearness_
to induce a court of justice to suppose a design to effect such
objects.”[318] In a clause capable of _two meanings_ there can be no
such “irresistible clearness” as would justify an infringement of human
rights.
Public-domain text, read in full here on John Shaqi.
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