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
And again, if every word is always to be construed so as
most to favor Liberty, then must the Senator follow implicitly this
rule. But these two rules make it impossible to torture the clause into
any _odious_ or _tyrannical_ signification. They keep it clean and pure
from Slavery.
Sir, one feels humbled by the necessity of this discussion,--that at
this late day he should be called to vindicate the Constitution of his
country against glosses and interpretations in the interest of Slavery.
Pardon me, if, for a moment, leaving the two Senators who seek to foist
Slavery into the Constitution, I turn to the question itself, not so
much for argument as for statement. If I seem to repeat, it is because
there are certain points which I desire to impress upon the Senate.
To my mind nothing is clearer than that, according to unquestionable
rules of interpretation, the clause of the Constitution, whatever the
alleged intent of its authors, cannot be considered applicable to
slaves. Such is Slavery, that, from the nature of the case, it cannot
be sanctioned or legalized except by “positive” words. _It cannot stand
on inference._ This rule, which no reasoning can shake, drove Lord
Mansfield to his great judgment in Somerset’s case. African Slavery had
for two generations prevailed in England. Eminent lawyers and judges
had pronounced it legal. Some of the brightest names in Westminster
Hall had given to it the support of professional opinion and the seal
of judicial decision. At last a person at that time unknown, Granville
Sharp, struck by the injustice of Slavery, devoted himself to consider
the grounds on which its legality was recognized. He studied the laws
of England, and all the various evidences of its Constitution. In the
course of these studies he was gratified to find that there was no
_positive_ establishment of African Slavery in England, and, indeed,
that the words “Slave” and “Slavery” were nowhere to be found in the
British Constitution. He next applied himself to the powerful array
of well-known rules of interpretation, requiring, in case of doubt or
question, that the interpretation should be on the side of Liberty,
and especially that any man was “impious” and “cruel” who did not
favor Liberty. Impiety and cruelty are not light burdens for an honest
conscience. The conclusion was irresistible, that Slavery could not
exist in England.
Public-domain text, read in full here on John Shaqi.
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