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
But Lord Mansfield and Chief Justice Marshall were simply giving
practical application to those venerable maxims cherished in America
as in England. It is not necessary to repeat them at length. They
are substantially embodied in the words, _Angliæ jura in omni casu
Libertati dant favorem_,--“The Laws of England, _in every case_, show
favor to Liberty”; and also in those other vigorous words of Fortescue,
_Impius et crudelis judicandus est qui Libertati non favet_,--“He is
to be adjudged impious and cruel who does not favor Liberty.”[319] By
such lessons have all who administer justice been warned for centuries
against the sacrifice of human rights. Even Blackstone, whose personal
sympathies were with power, was led to declare, in most suggestive
words, worthy of a commentator on English Law, that “the law is always
ready to catch at anything in favor of Liberty.”[320] And Hallam, whose
instincts were always for Freedom, has adopted and vindicated this rule
of interpretation as a pole-star of Constitutional Liberty. “It was,”
says this great author, “by dwelling on all authorities in favor of
Liberty, _and by setting aside those which made against it_, that our
ancestors overthrew the claims of unbounded prerogative.”[321] Nor can
it be doubted that this conduct helped to build those great English
safeguards of Freedom which have been an example to mankind.
This rule has never received plainer illustration than in the writings
of Dr. Webster, the eminent lexicographer. In a tract bearing date
1795, long before the heats engendered by the Fugitive Slave Act,
he used language which, if applied to our Constitution, must defeat
every interpretation favorable to Slavery. “Where there are two
constructions,” he says, “the one favorable, the other odious, _that
which is odious is always to be rejected_.”[322] This principle, thus
sententiously expressed by the American lexicographer, may be found
also in the judgments of courts and the writings of civilians without
number. It is one of the commonplaces of interpretation. Lord Coke,
our master in English law, tells us, that, where words “may have a
double intendment, and the one standeth with law and right, and the
other is wrongful and against law, the intendment that standeth with
law shall be taken.”[323] And Vattel, a master in International Law,
says that “we should particularly regard the famous distinction of
things _favorable_ and things _odious_,” and then he assumes that we
must “consider as _odious_ everything that in its own nature is rather
hurtful than of use to the human race.”[324] But the clause of the
Constitution which has been made the apology of the Fugitive Slave
Act is clearly open to “two constructions,” according to the language
of Dr. Webster, or “a double intendment,” according to the language
of Lord Coke, or one “favorable” and the other “odious,” according
to Vattel. Thus far in our history, under the malignant influence of
Public-domain text, read in full here on John Shaqi.
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