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
requires that the interpretation shall be _in favor of Liberty_, is the
most commanding of all.
Thus, when this clause took its place in the Constitution, _nem.
con._, it was clearly a cipher. It meant nothing, or at least nothing
“odious.” This conclusion becomes still more apparent in the light of
two special incidents, which cannot be forgotten in determining the
validity of any claim for Slavery under equivocal words. The first
is the saying of Mr. Madison, which he has recorded in the report
of the Convention, that it was “wrong to admit in the Constitution
the idea that there could be property in men.”[341] Admirable words,
constituting a binding rule of interpretation. And yet, in the face
of this declaration, it is insisted that the “idea that there could
be property in men” is embodied in the double-faced words of the
fugitive clause. But as the words are susceptible of two meanings,
clearly they should be interpreted so as to exclude what is “wrong.”
The other incident furnishes the same lesson in a manner more pointed
still. It appears that on the 13th of September, 1787, a fortnight
after the fugitive clause was adopted in its earliest form, and while
the Convention was considering the report of its committee on style
and arrangement, “On motion of Mr. Randolph, the word ‘_servitude_’
was struck out and ‘_service_’ unanimously inserted, the former being
thought to express the condition of slaves, _and the latter the
obligations of free persons_.”[342] Thus the word “service” ceases
even to be equivocal, for it was unanimously adopted as expressing
“the obligations of free persons.” And such it would have continued
to express always, if Slavery had not unhappily triumphed over the
National Government in all departments, executive, legislative, and
judicial.
Public-domain text, read in full here on John Shaqi.
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