Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
In the determination of present duty, it is not necessary to assume
that Slavery or the Slave-Trade is positively forbidden by existing
International Law. It is enough to show, that, _according to the
spirit_ of that sovereign law which “sits empress, crowning good,
repressing ill,” and also according to those commanding principles
of justice and humanity which cannot be set at nought without shock
to human nature itself, so foul a wrong as Slavery can receive no
voluntary support from the Commonwealth of Nations. It is not a
question of Law, but of Morality. The Rule of Law is sometimes less
comprehensive than the Rule of Morality, so that the latter may
positively condemn what the former silently tolerates. But within its
own domain Morality cannot be less authoritative than Law. It is,
indeed, nothing less than the Law of Nature, which is the Law of God.
If we listen again to heathen teaching, we shall confess its truth.
“Law,” says Cicero, “is the highest reason, implanted in nature,
_which prescribes those things which ought to be done, and forbids the
contrary_.”[118] This law is an essential part of International Law,
as is also Christianity itself, and where treaties fail and usage is
silent it is the only law between nations. Jurists of all ages and
countries have delighted to acknowledge its authority, if it spoke only
in the still, small voice of conscience. A celebrated professor of
Germany in our own day, Savigny, whose name is honored by students of
jurisprudence everywhere, touches upon this monitor of nations, when
he declares that “there may exist between different nations _a common
consciousness of right_ similar to that which engenders the positive
law of particular nations.”[119] This common consciousness of right is
identical with that law, which, according to Cicero, is “the highest
reason, implanted in nature.” Such is the _Rule of Morality_.
The Rule of Morality differs from the Rule of Law in this
respect,--that the former finds support in the human conscience, the
latter in the sanctions of public force. But moral power prevails with
a good man as much as if it were physical. I know no different rule for
a good nation than for a good man. I am sure that a good nation will
not do what a good man would scorn to do.
Public-domain text, read in full here on John Shaqi.
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