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
Slavery, the odious construction or intendment has prevailed.
There is also another voice to be heard in determining the meaning of a
doubtful clause. It is the Preamble, which, on the threshold, proclaims
the spirit in which the Constitution was framed, and furnishes a
rule of interpretation. To “_establish justice_, insure domestic
tranquillity, provide for the common defence, _promote the general
welfare, and secure the blessings of Liberty_ to ourselves and our
posterity”: such are the declared objects of the Constitution, which
must be kept present to the mind as we read its various provisions. And
every word must be so interpreted as best to uphold these objects. The
Preamble would be powerless against any “positive” sanction of Slavery
by unequivocal words; but, on the other hand, any attempted sanction of
Slavery by words not “positive” and not unequivocal, must be powerless
against the Preamble, which, in this respect, is in harmony with the
ancient maxims of the law.
ANALYSIS OF THE WORDS OF THE FUGITIVE CLAUSE.
Looking more minutely at the precise words of this clause, we see how
completely it is stamped with equivocation from beginning to end.
_Every descriptive word it contains is double in signification._ The
clause may be seen, first, in what it does not contain; and, secondly,
in what it does contain. It does not contain the word “slave” or
“slavery,” which singly and exclusively denotes the idea of property in
man. Had either of these fatal words been employed, there would have
been no uncertainty or duplicity. But in abandoning these words, all
idea of property in man was abandoned also. Other words were adopted,
simply because they might mean something else, and therefore would not
render the Constitution on its face “odious.” But the unquestionable
fact that these words might mean something else makes it impossible
for them to mean “slave” or “slavery,” unless in this behalf we set
aside the most commanding rules of interpretation. It is clear that
the authors of this clause attempted an impossibility. They wished
to secure Slavery without plainly saying so; but such is Slavery
that it cannot be secured without plainly saying so. Naturally and
inevitably they failed, as if they had attempted to describe _black_ by
words which might mean _white_, or to authorize crime by words which
naturally mean something that is not crime. The thing could not be
done. The attempt to square the circle is not more absurd.
Public-domain text, read in full here on John Shaqi.
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