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
Such is the indubitable origin of a clause latterly declared a
compromise of the Constitution and a corner-stone of the Republic.
That a clause for the hunting of slaves was recognized at the time as
compromise or corner-stone is an absurdity disowned alike by history
and by reason. That the clause was adopted, _nem. con._, with the
idea, that, _according to any received rules of interpretation_, it
could authorize the hunting of slaves, it is difficult to believe.
The very statement that it was adopted _nem. con._ shows that it must
have been regarded, _according to received rules of interpretation_,
as having no “positive” character; for there were eminent members of
the Convention whose declared opinions must have prevented them from
consenting to any such proposition, if it were supposed for a moment
to turn the Republic which they were then organizing into a mighty
Slave-Hunter. There sat Gouverneur Morris, who only a short time before
exclaimed in the Convention: “_He never would concur in upholding
domestic Slavery._ It was a nefarious institution. It was the curse
of Heaven on the States where it prevailed.”[337] There sat Oliver
Ellsworth, afterwards Chief Justice, who said, in words which strike
at all support of Slavery by the National Government: “The morality
or wisdom of Slavery are considerations belonging to the States
themselves.”[338] There sat Elbridge Gerry, afterwards Vice-President,
who openly declared that “we had nothing to do with the conduct of the
States as to slaves, _but ought to be careful not to give any sanction
to it_.”[339] There sat Roger Sherman, who avowed that he was “opposed
to a tax on slaves imported, as making the matter worse, _because it
implied they were property_.”[340] And, greatest of all, there sat
Benjamin Franklin, who, by character and conviction, in every fibre of
his moral and intellectual being, was pledged against any sanction of
Slavery. Who can suppose that these wise and illustrious patriarchs of
Liberty all consented, _nem. con._, not only to sanction Slavery and to
recognize property in man, but to put a kennel of bloodhounds into the
Constitution, ready to hunt the flying bondman? They did no such thing;
or, if it is insisted, _contrary to received rules of interpretation_,
that such must be the signification of their language, clearly they did
not understand it so. Doubtless there were members of the Convention
who, in passion for Slavery, cheered themselves with the delusion that
they had adequately described, in “positive” terms, the pretension
they hoped to embody in the Constitution; but the _legal meaning_ of
this provision must be determined, not by the passion of such members,
but by the actual language employed, according to received rules of
interpretation, from which there is no appeal. Other rules may be set
aside as inapplicable; but the rule, which, in presence of any doubtful
phrase, any indirect language, or any word capable of a double sense,
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