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
But the unanswerable argument of Granville Sharp was rejected at first
by the bar, who regarded it as an attempted innovation. The direct
precedents and the weight of authority were the other way, and this
with most lawyers is enough. Harvey said that no person above “forty”
accepted his discovery of the circulation of the blood. And Granville
Sharp found himself in the same predicament. But this good man was not
disheartened. He knew well that there was no statute of limitations
against principles, and, better still, that principles must finally
prevail over precedents. Principles are immortal, and bloom with
perpetual youth: precedents are mortal, and die from age, decrepitude,
and decay. Against principles precedents may for a while prevail; but
the time comes when that which is mortal must yield to that which is
immortal. In this conviction he persevered, until at last lawyers were
convinced, and then the court pronounced in his favor.
The judgment of Lord Mansfield constitutes a landmark of law, to be
remembered proudly, when all his contributions to commercial law and
general jurisprudence are forgotten. It was a contribution to the
British Constitution and to human rights. Like every principle of
Natural Law, it approves itself at once to the reason and conscience.
And this authority I now invoke in the interpretation of the Fugitive
Clause.
* * * * *
I have already said too much. The argument on both sides is presented
in the two reports of the Committee, or rather in the report of the
Committee and the “views of the minority.” Senators, I doubt not, have
already made up their minds, which no discussion can change. Of course,
some may vote against the acts on one ground and some on another. The
arguments are numerous. It is enough, if on any ground they vote to
remove this shame from our statute-book.
I do not enter into details of the constitutional argument, whether
Congress has power under the Constitution to legislate on this subject,
or whether it may confide this great trust to a single magistrate
without trial by jury. These are grave questions, worthy of debate,
into which I am ready to enter, if the occasion requires. But I
forbear. Often, in other times, I have discussed these questions in the
Senate and before the people; but the time for discussion is passed.
And permit me to confess my gladness in this day. I was chosen to
the Senate for the first time immediately after the passage of the
infamous Act of 1850. If at that election I received from the people
of Massachusetts any special charge, it was to use my best endeavors
to secure the repeal of this atrocity. I began the work in the first
session that I was here. God grant that I may end it to-day!
Mr. President, one word more. The suggestion is too often made that
this measure is not practical. Not practical! It is the favorite
phrase. But this depends upon what Senators consider practical.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account