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
4. From this power in the Constitution I pass to another, also in the
Constitution, supplied by the _second clause of the Constitutional
Amendment_. It is there provided that Congress shall “enforce” the
abolition of Slavery by “appropriate legislation.” Here, according to
all rules of interpretation and the judgments of the Supreme Court,
Congress is empowered to do what in its discretion seems best to this
end. It may adopt any “means” which seem “appropriate.” It may select
any weapon in the arsenal. I do not stop to cite judgments of the
Court, or to dwell on this power. The case is clear, and I challenge
contradiction. As the grant is recent, it is not open to any suggestion
of loss or waiver by desuetude or non-user. It is fresh as the
abolition of Slavery itself, and at this moment is just as vital. You
may as well deny the one as the other.
Here, even at the cost of repetition, allow me to remind you that
already, during the present session, the Senate, in pursuance of this
power, has undertaken to pass “a bill to _protect all persons in the
United States in their civil rights_, and furnish the means of their
vindication.” The declared object of the bill, in its very title, is
the protection of all persons in the United States in their civil
rights; and this object is carried out by the following provision:--
“There shall be no discrimination in civil rights or immunities
among the inhabitants of _any State or Territory of the United
States_ on account of race, color, or previous condition of
slavery.”
The bill proceeds to provide machinery and penalties for the
enforcement of this prohibition. Mark, if you please, that this is
not merely in the Rebel States, nor even in the States where Slavery
was recently abolished, but everywhere throughout the United States.
All this is done by virtue of that very clause of the Constitutional
Amendment which I adduce. It is done by Congress, in the exercise of
its discretion, in order to “enforce” the abolition of Slavery. It is
the “means” which Congress adopts. It is the weapon which Congress
selects from the arsenal. But surely, if Congress, in order to
“enforce” the abolition of Slavery, can secure all persons throughout
the United States in _civil rights_, it can, out of the same abundant
power, secure all persons throughout the United States in _political
rights_; and this is precisely what is proposed by the bill of the
Senator from Illinois. My own proposition, as I now present it, aims
for the present at securing _political rights_ throughout the Rebel
States; but the irresistible argument is the same in each case. Each is
to “enforce” the abolition of Slavery.
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