Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
But the Senate has already by solemn vote affirmed this very
jurisdiction. You have, Sir, decreed that blacks shall enjoy the same
civil rights as whites,--in other words, that with regard to civil
rights there shall be no oligarchy, aristocracy, caste, or monopoly,
but that all shall be equal before the law, without distinction
of color. And this great decree you have made, as “appropriate
legislation” under the Constitutional Amendment, to “enforce” the
abolition of Slavery. Surely you have not erred. Beyond all question,
the protection of the colored race in civil rights is essential to
complete the abolition of Slavery; but the protection of the colored
race in political rights is not less essential, and the power is as
ample in one case as in the other. In each you legislate for the
maintenance of that Liberty so tardily accorded, and the legislation is
just as “appropriate” in one case as in the other. Protection in civil
rights by Act of Congress will be a great event. It will be great in
itself. It will be greater still, because it establishes the power
of Congress, without further amendment of the National Constitution,
to protect every citizen in all his rights, including of course the
elective franchise. There are precedents of Congress, as well as of
courts, which are landmarks; and this is one of them.
Therefore, as authority for Congress, you have two sources in the
Constitution itself,--first, the guaranty clause, and, secondly,
the Constitutional Amendment, each sufficient, the two together a
twofold sufficiency. To establish the Equal Rights of All, no further
Amendment is needed. The actual text is exuberant. Instead of adding
new words, it will be enough, if you give those that exist the natural
force belonging to them. Instead of neglecting, use them. Instead of
supplementing, interpret them. An illustrious magistrate once retorted
upon an advocate, who, dissatisfied with a ruling of the court,
threatened to burn his books, “Better read them”; and so would I say
now to all who think the Constitution needs amendment, Better read it.
Yes, Sir, read it in the principles proclaimed by the Fathers before
the Revolution, read it in the declarations of the Fathers when they
took their place as a Republic, read it in the avowed opinions of the
Fathers, read it in the public acts of the Fathers; and in all this
beaming, diffusive light you will discern the true meaning. Then again
read it in that other light which, as from another sun, newly risen
at midday, streams from the obligation of Congress to “enforce” the
abolition of Slavery. And yet again read it in the glowing illumination
of the war. In whichever light you read it, you will find always the
same irresistible meaning. Even if the text were doubtful, the war
makes it clear. The victory which overthrew Slavery carried away all
those glosses and constructions by which this wrong was originally
fastened upon it. For generations the National Constitution has been
Public-domain text, read in full here on John Shaqi.
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