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
8. Again, I exhibit the proposition as _positively tying the hands of
Congress in completing and consummating the abolition of Slavery_.
By the second clause of the recent Constitutional Amendment Congress
is expressly empowered to “enforce” the abolition of Slavery by
“appropriate legislation.” Accordingly, the Senate, by what is known
as the Civil Rights Bill, has already undertaken to establish equality
of civil rights in all the States and Territories, so that hereafter,
in our courts at least, there shall be no discrimination of color. It
was justly insisted that such “legislation” is needed to “enforce”
the abolition of Slavery, and on this account is constitutional. The
Senate acted accordingly. The bill has passed this body by more than
a two-thirds vote. Obviously by the same title equality in political
rights can be established also under this Amendment, if such equality
shall be deemed important to “enforce” the abolition of Slavery, or, in
other words, to complete and consummate the good work. In the exercise
of a granted power Congress is sole judge of the “means” it employs;
and this conclusion is sustained not only by reason, but by the Supreme
Court of the United States in solemn judgments. You will remember the
familiar precedents, which I insist are decisive. And now, in the face
of these judgments, in the face of reason, and with the authoritative
precedent of the Senate establishing equality of civil rights before
us, it is proposed to insert in the Constitution a provision despoiling
Congress of its power under the Constitutional Amendment, so that
hereafter that Amendment, which should be interpreted generously and to
advance Liberty, will be changed so as to read: “Congress shall have
power to enforce this article by appropriate legislation: it being
understood that it shall not interfere for this purpose with any denial
or abridgment of the elective franchise in any State on account of race
or color.” Thus again will a beneficent power be lost at a moment when
all is needed for the safety and renown of the Republic.
* * * * *
9. Again, I exhibit this proposition as _installing recent rebels to
govern loyal citizens_ under sanction of the Constitution. The ruling
class began and sustained the Rebellion. The citizens you disfranchise
were loyal, and some of them poured out their red blood for the
Republic; and yet we are asked to intrench this ruling class in the
Constitution, so that they can wield unchecked power, while loyal
millions are humbled at their feet. The bare statement offends reason
and conscience.
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