Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Such is the case of this enormous criminal. Events belonging to
history, enrolled in the records of the Senate, and familiar to the
country, are deliberately shut out from view, while we are treated to
legal niceties without end. The lawyers have made a painful record.
Nothing ever occurred so much calculated to bring the profession into
disrepute; for never before has been such a theatre where lawyers
were actors. Their peculiarities have been exhibited. Here was a
great question of justice, appealing to the highest sentiments, and
involving the best interests of the country; but lawyers, instinctive
for the dialectics of the profession, forgot everlasting truth, never
to be forgotten with impunity. They started at once in full cry, and
the quibble became to them what Dr. Johnson says it was to the great
dramatist: “He follows it at all adventures; it is sure to lead him out
of his way, and sure to ingulf him in the mire. It has some malignant
power over his mind, and its fascinations are irresistible.… A quibble
is the golden apple for which he will always turn aside from his
career, or stoop from his elevation. A quibble, poor and barren as it
is, gave him such delight that he was content to purchase it by the
sacrifice of reason, propriety, and truth.”[216] In this Shakespearean
spirit our lawyers have acted. They have pursued quibbles with the
ardor of the great dramatist, and even now are chasing them through the
Senate Chamber.
Unhappily this is according to history, and our lawyers are not among
the splendid exceptions. But there is reward for those who stand
firm. Who does not reverence the exalted magistrate of France, the
Chancellor L’Hospital, who set the great example of rectitude and
perfect justice? Who does not honor those lawyers of English history
through whose toils Liberty was upheld? There was Selden, so wise and
learned; Pym, so grand in statesmanship; Somers, who did so much to
establish the best securities of the Constitution. Nor can I forget,
at a later day, that greatest advocate, Erskine, who lent to the
oppressed his wonderful eloquence; nor Mackintosh and Brougham, who
carried into courts that enlarged intelligence and sympathetic nature
which the profession of the law could not constrain. These are among
the names that have already had their reward, above the artful crowd
which in all times has come to the defence of prerogative. It is no
new thing that we witness now. The lawyer in other days has been, as
we know him, prone to the support of power, and ready with technical
reasons. Whichever side he takes, he finds reasons plenty as pins.
When free to choose, and not hired, his argument is the reflection of
himself. All that he says is his own image. He takes sides on a law
point according to his sentiments. Cultured in law, and with aptitude
sharpened by its contests, too easily he finds a legal reason for an
illegal judgment. Next to an outright mercenary, give me a lawyer to
betray a great cause.
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