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
At last, in 1850, after the subject of Slavery had been agitated in
Congress without interruption for nearly twenty years, a series of
propositions was adopted, and solemnly declared to be _compromises_, by
which all the questions concerning Slavery were permanently settled,
so as never again to vex the country,--as if any question could be
permanently settled except on principles of justice. But the “gruel”
was made, and among its ingredients “for a charm of powerful trouble”
was a new Fugitive Slave Act, first reported from the Committee on the
Judiciary by Mr. Butler, of South Carolina, but afterwards amended by a
substitute from Mr. Mason, of Virginia, so as to become substantially
his measure. It is needless to mention its details. Suffice it to
say, that in these, as in general conception, it was harsh, cruel,
and vindictive. Few statutes in history have been so utterly inhuman,
not excepting even those British statutes for the oppression of the
Irish Catholics, which are pictured by Edmund Burke in words strictly
applicable to the monstrosity of our country:--
“That truly barbarous system, where almost all the parts were
outrages on the rights of humanity and the laws of Nature,”--“a
machine of wise and elaborate contrivance, and as well fitted
for the oppression, impoverishment, and degradation of a
people, and the debasement in them of human nature itself, as
ever proceeded from the perverted ingenuity of man.”[347]
Such, unquestionably, was the Fugitive Slave Act of 1850, which is
still allowed to remain on the statute-book, a blot upon our country
and age.
Where a measure is so plainly repugnant to reason and authority, and on
its face has so little foundation in the Constitution, any elaborate
argument seems superfluous, especially at this moment, when Slavery
everywhere is yielding to Freedom. The general conscience condemns the
inhuman statute, and this is enough.
But it is important to show how the country has been deceived.
Therefore, briefly, the Committee call attention to the constitutional
objections.
UNCONSTITUTIONAL USURPATION OF POWER BY CONGRESS.
Forgetting, then, for the moment, the Preamble of the Constitution,
which speaks always for Justice and Liberty,--forgetting, also, the
venerable maxim of the law, that “we must incline always in favor of
Freedom,” and likewise that other maxim, that “he is impious and cruel
who does not favor Freedom,”--refusing, according to the requirement
of law, “to catch at anything in favor of Liberty,” and, in spite of
all received rules of interpretation, assuming that the words of the
fugitive clause adequately define fugitive slaves,--the question then
arises, if this clause, thus defiantly interpreted, confers any power
upon Congress.
Clearly not.
Public-domain text, read in full here on John Shaqi.
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