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
Both these propositions are opposed as informal and inoperative,
because without machinery or penalty. Such is the objection, if I
understand it. As it has been made, I answer it. Each on its face is
an Act of Congress prohibiting denial of certain rights on account of
color. In this respect each is at least a Congressional interpretation
of the Constitution, and it is by no means clear that it could not be
enforced in the courts. The bill which has already passed the House of
Representatives, striking out the word “white” in the electoral laws of
the District of Columbia, is without machinery or penalty; but it is at
least a Congressional declaration, to be followed, of course, by other
legislation with proper machinery and penalty; and this is the precise
character of the measures presented by the Senator from Illinois and
myself. Objection, if valid at all, must be equally valid against the
bill for enfranchisement in the District of Columbia, and against every
other Congressional declaration without machinery or penalty. It is,
at most, one of form, which I put aside and advance to the substance.
The question is too vast and the times are too serious for a special
demurrer. It must be tried on its merits. The question is on the power
of Congress to establish equality of political rights, at least in the
Rebel States. If Congress has this beneficent power, then exercise it
in such form as shall seem best, with machinery and penalty or without
machinery and penalty; but, in God’s name, exercise it, for the sake of
the country, which suffers from your delay.
Has Congress power to secure equality of political rights, at least in
the Rebel States? I do not at this time raise the question of its power
throughout the United States, but in the Rebel States. If this question
were less transcendent in its relations, or if it could be approached
calmly and without prejudice, in the light of reason, I cannot doubt
the judgment. But you must bring to its determination the same simple
desire for truth, undisturbed by external influences, which would
control a judicial tribunal; for, in the determination of your powers
under the Constitution, you are a judicial tribunal. It will not be
enough to deny the beneficent power, or to mock at those who find it in
the Constitution. You must answer their arguments.
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