Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Had the claims been “national” on each side, no subsequent question
could have occurred, for each would have extinguished the other in all
respects forever. It was the peculiarity of this case, that on one
side the claims were “national,” and on the other side “individual.”
But a _set-off_ of “individual” claims against “national” claims must,
of course, leave that Government responsible which has appropriated
the “individual” claims to this purpose. The set-off and mutual
release are between nation and nation; but if the claims on one
side are only “individual,” and not “national,” the nation which by
virtue of this consideration is released from “national” obligations
must be _substituted_ for the other nation as debtor, so that every
“individual” with claims thus appropriated may confidently turn to
it for satisfaction. On this point there can be no doubt, whether we
regard it in the light of common sense, reason, duty, Constitution, or
authority.
1. According to _common sense_, any “individual” interest appropriated
to a “national” purpose must create a debt on the part of the nation,
still further enhanced, if, through this appropriation, the nation is
relieved from outstanding engagements already the occasion of infinite
embarrassment, and hanging like a drawn sword over the future.
2. According to _reason_, any person intrusted with the guardianship
of particular interests becomes personally responsible with regard
to them, especially if he undertakes to barter them against other
interests for which he is personally responsible. Thus, an attorney,
sacrificing the claims of his clients for the release of his own
personal obligations, becomes personally liable; and so also the
trustee, appropriating the trust fund for any personal interest,
becomes personally liable. All this is too plain for argument; but
it is applicable to a nation as to an individual. In the case now
before your Committee, our Government was attorney to prosecute
“individual” claims of citizens, and also trustee for their benefit,
to watch and protect their interests; so that it was bound to all the
responsibilities of attorney and trustee, absolutely incapacitated
from any act of personal advantage, and compelled to regard all that
it obtained, whatever form of value it might assume, whether money or
release, as a trust fund for the original claimants.
Public-domain text, read in full here on John Shaqi.
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