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
together for this purpose,--_sceleris causâ coeunt_. The latter, by
happy discrimination, he places beyond the pale of recognition.[113]
When before, in all history, have creatures wearing the human form
proclaimed the _criminal principle_ of their association with the
audacity of our Slavemongers? And yet there is hesitation to place them
beyond the pale of recognition. A recent English authority on the Law
of Nations adopts the same distinction. I quote Mr. Phillimore, who,
after alluding to societies united _for the sake of crime_, says:
“All agree to class such bodies amongst those of whose corporate
existence the law takes no cognizance (_qui civitatem non faciunt_),
and therefore as not entitled to international rights either in peace
or war.”[114]
It might be argued, on grounds of reason and authority even, that
the _declared principle_ of the pretended power was a violation of
International Law. Eminent magistrates have solemnly ruled, that, in
the development of civilization, the Slave-Trade has become illegal
by a law higher than any statute. Sir William Grant, an ornament of
the British bench, whose elegant mind was governed always by practical
sense, adjudged that this trade “cannot, _abstractedly speaking_, be
said to have a legitimate existence”;[115] and our own great authority,
Mr. Justice Story, in a remarkable judgment, declared himself
constrained “to consider the trade _an offence against the universal
law of society_”;[116] and the highest professional authorities of our
country adopted the same conclusion: I refer especially to the late
William Pinkney and Jeremiah Mason.[117] But arguments which are strong
against any recognition of the Slave-Trade are strong also against any
recognition of Slavery itself, especially when it is the foundation of
a _new_ power.
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