Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
As I understand it, this bill, which, as the Senator will see, actually
annuls all State laws, everywhere throughout the United States, fixing
any inequality in civil rights, is founded upon the second clause of
the recent Amendment to the Constitution abolishing Slavery. Now the
point to which I ask the attention of the Senator, before he passes
from this branch of the discussion, is, whether, if we can annul all
State laws declaring inequality in civil rights, we cannot also annul
all State laws declaring inequality in political rights? whether,
if this bill is constitutional, as I believe it is, such a bill as
I propose would not also be constitutional? And in this connection
I call attention to the famous judgment of Chief Justice Marshall,
which the Senator remembers so well, in the case of _M’Culloch_ v.
_The State of Maryland_,[216] where the Chief Justice distinctly
announces, having the point before him, that it is within the power of
Congress to select its means, provided the means are appropriate to the
end, and it is not for the Supreme Court, or any other branch of the
Government, to sit in judgment on the means Congress chose to select.
Therefore, if Congress now think, that, to enforce the abolition of
Slavery, it is necessary, in the first place, to annul all inequality
of civil rights, and, in the second place, to annul all inequality of
political rights, I ask the Senator whether the latter proposition
can be called in question?--whether an Act of Congress annulling all
State laws declaring inequality of political rights is not absolutely
constitutional, being “appropriate legislation” to enforce the
Constitutional Amendment?
Mr. Johnson replied, that he had stated more than once that the
bill on which Mr. Sumner “now relies is unconstitutional,” and
then said:--
“But even supposing it to be within the power of Congress
to pass a law of that kind, it by no means follows that
I think it has power to pass a law placing all the
inhabitants of the States on the same political ground.”
Later in his speech Mr. Sumner interrupted Mr. Johnson again,
with his permission:--
Public-domain text, read in full here on John Shaqi.
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