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
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The exemption from taxation was a part of the original obligation,
having, of course, a positive value, which entered into the price of
the bond at the time of subscription. This additional price was taken
from the pocket of the subscriber and transferred to the National
Treasury, where it has been used for the public advantage. It is so
much property to the credit of the bond-holder, which it is gravely
proposed to confiscate. Rebel property you will not confiscate; but you
are considering how to confiscate that of the loyal citizen. Taxation
of the bonds is confiscation.
The whole case can be stated with perfect simplicity. To tax the
bonds is to break the contract _because you have the power_. It is an
imitation of the Roman governor, a lieutenant of Cæsar, who, after
an agreement by the people of Gaul to pay a certain subsidy monthly,
arbitrarily changed the number of months to fourteen. The subtraction
from the interest by taxation is kindred in dishonesty to the increase
of the Gaulish subsidy by adding to the months. Of course, in private
contracts between merchant and merchant no such thing could be done.
But there can be no rule of good faith binding on private individuals
which is not binding on the Nation, while there are exceptional reasons
for extraordinary scrupulousness on the part of the Nation. As the
transaction is vast, and especially as the Nation is conspicuous, what
is done becomes an example to the world which history cannot forget.
A Nation cannot afford to do a mean thing. There is another reason,
founded on the helpless condition of the creditor, who has no power to
enforce his claim, whether of principal or interest. It was Charles
James Fox who once exclaimed against a proposition kindred to that now
made: “Oh, no, no! His claims are doubly binding who trusts to the
rectitude of another.” This is only according to an admitted principle
in the Laws of War, constraining the stronger power to the best of
faith in dealing with a weaker power, because the latter is without the
capacity to redress a wrong. This benign principle, borrowed from the
Laws of War, cannot be out of place in the Laws of Peace; and I invoke
it now as a sufficient protection against taxation of the bonds, even
if common sense in its plainest lessons, and the rule of right in its
most imperious precepts, did not forbid this thing.
Public-domain text, read in full here on John Shaqi.
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