Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Supposing the case doubtful, then I submit that all presumptions
and interpretations must tend to support the rule of a majority. In
other words, so important a rule, having its foundation in the Law of
Nature, the Law of Corporations, Parliamentary Law, and the principles
of republican institutions, cannot be set aside without the plainest
and most positive intendment. It cannot be done by inference or
construction. If ever there was occasion where every doubt was to be
counted against the assumption of power, it is the present. I know
very little of cards, but I remember a rule of Hoyle, “When you are in
doubt, take the trick.” Just the reverse must be done in a case like
the present, involving so important a principle: when you are in doubt,
do not take the trick. This is a republican government, and surely you
will not abandon the first principle of a republican government without
good reason. According to received maxims of law, you must always
incline in favor of Liberty. In the same spirit you must always incline
in favor of every principle of republican government, and especially
of that vital principle which establishes the rule of the majority.
Thus inclining, the way at present is easy; and here I quote another
authority, very different from Hoyle. Lord Bacon, in his Maxims of the
Law, after mentioning a similar presumption, says:--
“It is a rule drawn out of the depths of reason.… It makes an
end of many questions and doubts about construction of words:
for, if the labor were only to pick out the intention of the
parties, every judge would have a several sense; _whereas this
rule doth give them a sway to take the law more certainly one
way_.”[6]
And now, Sir, I have only to add, in conclusion, let us incline in
favor of the rule of the majority. So inclining, you will at once show
reverence for the republican principle and will stand on the ancient
ways.
Public-domain text, read in full here on John Shaqi.
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