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
son; to complete and assure the great contribution, he contributes a
sum of money also. If all this accumulated disloyalty, beginning in a
total renunciation of every patriotic duty, and finally consummated
by an act of flagrant, unblushing enormity, is not “aid and comfort”
or “countenance” or “encouragement” to the Rebellion, it is difficult
to say what can be. There must be new dictionaries for these familiar
words, and they must receive a definition down to this day unknown.
They must be treated as thread or gossamer, when they should be links
of iron.
On an occasion like the present, where the moral guilt is so patent,
I hesitate to employ technical language. The simplest phrase is the
best. But the law supplies language of its own. Regarding the act of
Mr. Thomas in the mildest light, it was “misprision of treason,”
according to every definition of that crime which can be found in the
books. Lord Hale, whose authority, in stating the rules of Criminal
Law, is of the highest character, says, under this head: “Every man is
bound to use all possible lawful means to prevent a felony, as well
as to take the felon; and if he doth not, he is liable to a fine and
imprisonment.”[83] Lord Coke, another eminent authority, says: “If
any be present when a man is slain, and omit to apprehend the slayer,
it is a misprision.”[84] The same rule is, of course, applicable to
treason. Mr. Bishop, who in his remarkable work on the Criminal Law
has compressed the result of all the authorities, says: “Misprision of
felony is a criminal neglect, either to prevent a felony from being
committed by another, or to bring to justice a person known to be
guilty of felony. Misprision of treason is the same of treason.”[85]
Then again he says, citing Hawkins, Blackstone, East, and Russell, all
familiar names in our courts, each an oracle:--
“The doctrine of misprision, as now understood, may be stated
as follows: To make a man liable for a crime committed through
the physical volition of another, his own will must in some
degree concur in or contribute to the crime. _But when it is
treason or felony, and he stands by while it is done, without
using the means in his power to prevent it, though his will
concurs not in it,--or when he knows of its having been in
his absence committed, but neither makes disclosure of it to
the authorities nor does anything to bring the offender to
punishment_,--the law holds him guilty of a breach of the duty
due from every man to the community wherein he dwells and the
government which protects him.”[86]
I adduce these authorities in order to show, that, by the Common Law,
as illustrated by some of its best names, Mr. Thomas is beyond all
question an offender. Clearly he did not use “the means in his power”
to prevent the treason of his son, nor did he “make disclosure of it to
the authorities,” according to the received rule of law.
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