Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“It starts with the idea of reproducing the Jeffersonian
Ordinance. I doubt the expediency of reproducing that
Ordinance. It performed an excellent work in its day, but
there are words in it which are entirely inapplicable to
our time. They are the limitation, ‘otherwise than in the
punishment of crimes whereof the party shall have been duly
convicted.’ Now, unless I err, there is an implication from
those words that men may be enslaved as a punishment of
crimes whereof they shall have been duly convicted. There
was a reason for that at the time; for I understand that
it was the habit in certain parts of the country to doom
persons as slaves for life as a punishment for crime, and
it was not proposed to prohibit this habit. But Slavery
in our day is something distinct, perfectly well known,
requiring no words of distinction outside of itself. Why,
therefore, add the words, ‘nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted’? To my mind they are entirely
surplusage. They do no good there, but absolutely introduce
a doubt.
“In placing a new and important text in our Constitution
we cannot be too careful. We should consider well that
the language adopted in this Chamber to-day will in all
probability be adopted in the other House, and it must be
adopted, also, by three fourths of the Legislatures of
the States. Therefore we have every motive, the strongest
inducement in the world, to make that language as perfect
as possible. I do not hesitate to say, that I object to
the Jeffersonian Ordinance, even if presented here in its
original text. But now I am brought to the point that
the proposition of the Committee is not the Jeffersonian
Ordinance, except in its bad feature. In other respects, it
discards the language of the Jeffersonian Ordinance, and
also its collocation of words.”
Mr. Trumbull replied, that the Committee, upon discussion and
examination, had come to their conclusion. “I do not know,”
he said, “that I should have adopted these precise words, but
a majority of the Committee thought they were the best words;
they accomplish the object; and I cannot see why the Senator
from Massachusetts should be so pertinacious about particular
words.” He hoped Mr. Sumner would withdraw his proposition.
Public-domain text, read in full here on John Shaqi.
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