Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I present this exposition with infinite reluctance; but the Senator
makes it necessary. In his speech the other day, he undertook to state
himself anew with regard to the Declaration. He complained of me
because I made the National Constitution and the National Declaration
coëqual, and declared, that, if preference be given to one, it must be
to the Declaration. To that he replied:--
“Now the true theory is plain.”
Mr. President, you are to have the “true theory” on this important
question:--
“If the Senator from Massachusetts says, that in doubtful
cases it is the duty of a court, or the duty of the Senate, or
the duty of any public officer, to consider the Declaration
of Independence, he is right. So he must consider the whole
history of this country; he must consider the history of the
Colonies, the Articles of Confederation, all anterior history.
That is a principle of Municipal Law. A contract entered into
between two individuals, in the language of the cases, must
be read in the light of the circumstances that surrounded
the parties who made it. Certainly the Constitution of the
United States must be construed upon the same principle; and
when we are considering a doubtful question, the whole former
history of the country, the Declaration of Independence, the
writings of Washington and of Jefferson and of Madison, the
writings in ‘The Federalist,’--everything that pertained to
that day and gives color and tone to the Constitution, must be
considered.”[239]
Plainly, here is improvement. There is no derision. The truths of the
Declaration are no longer “the generalities of that revolutionary
pronunciamento.”
MR. CARPENTER. Oh, yes, it is; I stand by that.
MR. SUMNER. The Senator stands by that. Very well.
MR. CARPENTER. I glory in it. I glory in all the history of
that revolutionary period, our revolutionary fathers, our
revolutionary war. It is the Revolution that I make my stand
upon.
MR. SUMNER. Then, as the Senator from Vermont [Mr. EDMUNDS] remarks,
the Senator should give some effect to what he glories in. I hope he
will not take it all out in glory, but will see that a little of it is
transfused into Human Rights.
MR. CARPENTER. All that is consistent with the express
provisions of the Constitution.
Public-domain text, read in full here on John Shaqi.
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