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 Senator wandered into eulogy of that old Supreme Court, now
departed, when Marshall was Chief Justice, and from the past claimed
consideration for the present. Sir, I have been no careless student of
that court in its great and palmy days. I know the learning, wisdom,
and ability of its judgments, and am proud that there are such pages in
the jurisprudence of my country. My sentiments toward the court of that
day are warmed, also, by personal experience. It is among the cherished
reminiscences of early life, that I was privileged to know, as a youth
might know, the illustrious magistrate whom the Senator praises so
well. He received me at his table, and allowed me to accompany him in
his morning walks to the court-room. He was a venerable character. But
I pray the Senator not to claim for the Dred Scott decision any of
the reverence justly belonging to his name. There is no question of
tribute to Chief Justice Marshall, or respect for the tribunal while he
presided over it. The Dred Scott decision is more noticed from contrast
with all that is good and great in the decisions of other days. It is
sad that the tribunal that had established such an authority among us
should do an act by which its authority has been endangered.
This whole debate is in the nature of a diversion or a deviation, and
therefore I bring it back to the precise point from which it started.
The Senator from Maryland invoked the Dred Scott decision as a reason
why Congress should not recognize colored persons as citizens. In reply
I simply asserted the right of Congress to interpret the Constitution
without constraint from the Supreme Court, and this I now repeat.
Each branch of the Government must interpret the Constitution for
itself, according to its own sense of obligation under the oath we have
all taken. And God forbid that Congress should consent to wear the
strait-jacket of the Dred Scott decision!
Mr. Johnson closed his reply by saying: “And without meaning
to offend the honorable member from Massachusetts, and with
all the personal regard which I feel for him, and recollecting
the courtesy that he has extended to me, and which I have
reciprocated from the bottom of my heart, I say to him, without
any purpose of offence, that, if I am obliged to act upon
the weight of authority upon all questions of Constitutional
Law, I shall prefer holding to the opinion of Taney than
holding to the opinion of the honorable member.” Mr. Hale,
of New Hampshire, after remarking that he differed from Mr.
Sumner, said: “I do not believe that I think any better of
that decision than he does. I think it was an outrage upon the
civilization of the age and a libel upon the law; but I do not
think it was a disgrace to the Supreme Court of the United
States.” [_Laughter._]
The bill passed,--Yeas 29, Nays 8.
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Public-domain text, read in full here on John Shaqi.
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