Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Looking at the Enabling Act, we find that it has not been complied
with in form. This can be placed beyond question. By this Act it
is provided that a “Convention” of the people of Nebraska shall be
chosen by the people, that the election for such “Convention” shall
be held on “the first Monday in June thereafter,” and that “the
members of the Convention thus elected shall meet at the capital of
said Territory on the first Monday in July next.” Now, in point of
fact, such Convention was duly chosen, and it met, according to the
provisions of the Enabling Act. Thus far all was right. But, after
meeting, it voluntarily adjourned or dissolved, without framing a
constitution. Afterward the Territorial Legislature undertook to do
what the Convention failed to do. The Territorial Legislature adopted
a constitution, and submitted it to the people; and this is the
constitution before you. Plainly there has been no compliance with the
Enabling Act, so far as it prescribes the proceedings for the formation
of a constitution. Nothing can be clearer than this. The Act prescribes
a Convention at a particular date. Instead of a Convention at the date
prescribed, we have the Legislature acting at a different date; so that
there is an open non-compliance with the prescribed conditions. It is
vain, therefore, to adduce it. As well refer to Homer’s Iliad or the
Book of Job.
But the failure in substance is graver still. By the Enabling Act
it is further provided “that the constitution, when formed, shall be
republican, and not repugnant to the Constitution of the United States
and the principles of the Declaration of Independence.” Here are
essential conditions which must be complied with. The constitution must
be “republican.” Now I insist always that a constitution which denies
Equality of Rights cannot be republican. It may be republican according
to the imperfect notions of an earlier period, or even according to
the standard of Montesquieu; but it cannot be republican in a country
which began its national life in disregard of received notions and the
standards of the past. In fixing for the first time an authoritative
definition of this requirement, you cannot forget the new vows to Human
Rights uttered by our fathers, nor can you forget that our republic is
an example to mankind. This is an occasion not to be lost of acting not
only for the present in time and place, but for the distant also.
Public-domain text, read in full here on John Shaqi.
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