Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
If the present question depended upon citizenship, you could not refuse
to receive the petition. But it does not depend upon citizenship.
The right to petition Congress is not an incident of the elective
franchise. It exists where the elective franchise does not exist.
The Constitution expressly secures it, not simply to _citizens_, but
broadly and completely to THE PEOPLE, declaring, in the first article
of its Amendments, that “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof,
or abridging the freedom of speech or of the press, _or the right of
the people peaceably to assemble and to petition the Government for a
redress of grievances_.”
The term _people_ here naturally means all, without distinction of
class, who owe allegiance to the Government. It is the American
equivalent for _subjects_. If there were any doubt on this point, it
would be removed by the clear and irresistible meaning of the term in
other parts of the Constitution. Thus, in the clause constituting the
House of Representatives, it is declared that it “shall be composed
of members chosen every second year by the _people_ of the several
States, and the _electors_ in each State shall have the qualifications
requisite for electors of the most numerous branch of the State
Legislature.” Here is an obvious difference between the “people” and
“electors.” The former is broader than the latter. It is the former
that constitutes the _basis of representation_, and the Constitution
then proceeds to declare that this basis “shall be determined by adding
_to the whole number of free persons_, including those bound to service
for a term of years, and excluding Indians not taxed, three fifths of
all other persons.” Whatever may be the position of the _fractional_
class, nothing can be clearer than that all _free persons_, without
distinction of color or descent, belong to the _people_, and,
so belonging, they are solemnly and expressly protected by the
Constitution in the right of petition.
The Constitution next provides for the “enumeration” of the _people_,
and under this provision there is a decennial census of the whole
_people_, without distinction of color or descent; and yet, while
including all of African descent in your population, you refuse to
receive their petitions.
Public-domain text, read in full here on John Shaqi.
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