As the open sea is the highway of nations, so is this Union made the highway of the States, with all their commerce, and no State can claim any exclusive property therein.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
The Union is a mare liberum, beyond the power of any State, and not a mare clausum, subject to as many tyrannies as there are States.
And yet the State of New Jersey asserts the power of closing a highway of the Union.
Such a pretension, so irrational and destructive, cannot be dealt with tenderly.
Like the serpent, it must be bruised on the head.
The present pretension of New Jersey belongs to the same school with that abhorred and blood-bespattered pretension of South Carolina.
Perhaps, Sir, it is not unnatural that the doctrines of South Carolina on State Rights should obtain shelter in New Jersey.
There is a common bond among the sciences, among the virtues, among the vices,--and so, also, among the monopolies.
The monopoly founded on the hideous pretension of property in man obtained responsive sympathy in that other monopoly founded on the greed of unjust taxation, and both were naturally upheld in the name of State Rights.
Both must be overthrown in the name of the Union.
South Carolina must cease to be a Slave State, and New Jersey must also cease her disturbing pretension.
The first remark to make is, that, even according to the finding of the Court, the Government has suffered only to the amount of one hundred dollars,--being the difference in price between the two kinds of tin at the date of delivery.
The pettiness of this loss is still more apparent, when it is considered that the transactions of the respondents with the Government reached the sum of more than twelve hundred thousand dollars, having such infinite details that they…
Surely, on every principle of reason or evidence, the insignificance of this loss, in transactions on so large a scale, and extending over three years of time, constitutes an unanswerable presumption in favor of the respondents, excluding…
Even assuming that the supply of tin was questionable, it would be reasonable to call it ill-considered, hasty, or mistaken, rather than criminal, according to the finding of the Court.
Certainly it could be no justification of the vindictive arrest and bail with which the proceedings began, and it is frightful that it should be made the pretence for a sentence of two year’ imprisonment and twenty thousand dollar’ fine.
If a mountain in labor ever brought forth a mouse, it is this mountainous prosecution, whose only offspring yet crawling on earth is an allegation of loss to the United States of one hundred dollars!
But, if we look further at this transaction, it will be seen that it is absolutely unimpeachable.
The tin, when delivered, was stamped upon its face “Revely & Co.” This stamp, which was open to the observation of all officers, workmen, and passers-by, is an incontrovertible witness, which no argument of counsel or ingenious commentary…
No event of the Rebellion compares with this, in encouragement to transcendent crime, or in prejudice to the United States.
And all this was made easy, when her Majesty’s Government, under pretence of an impossible neutrality, lifted Rebel Slavery to equality with the National Government, and gave to it belligerent power on the ocean.
The President saw the painful consequence of this concession, and especially that it was the first step towards acknowledgment of Rebel Slavery as an Independent Power.
Clearly, if it were proper for a foreign power to acknowledge Belligerence, it might, at a later stage, be proper to acknowledge Independence; and any objection vital to Independence would, if applicable, be equally vital to Belligerence.
Resolved, That no such embryo state should ever be recognized by or admitted into the family of Christian and civilized nations, and that all Christian and civilized men everywhere should by all lawful means resist to the utmost such…
Perhaps it was essential to the full revelation of its boundless capacities, that the Republic should stand forth alone, in sublime solitude, warring for Human Rights, and thus become an example to mankind.





