Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The song of State Rights has for its constant refrain the asserted
_Equality of the States_. Is it not strange that words so constantly
employed as a cover for pretensions against Human Rights cannot be
found in the Constitution? It is true, that, by the Laws of Nations,
all sovereign States, great or small, are equal; but this principle
has been extended without authority to States created by the Nation
and made a part of itself. There is but one active provision in the
Constitution which treats the States as equal, and this provision shows
how this very Equality may be waived. Every State, large or small,
has two Senators, and the Constitution places this Equality of States
under its safeguard by providing that “no State, _without its consent_,
shall be deprived of its _equal suffrage_ in the Senate.” But this very
text contains what lawyers might call a “negative pregnant,” being a
negation of the right to change this rule, with an affirmation that
it may be changed. The State, _with its consent_, may be deprived of
its equal suffrage in the Senate. And this is the whole testimony of
the Constitution to that Equality of States which is now asserted in
derogation of all compacts or conditions. It is startling to find how
constantly the obvious conclusions from the text of the Constitution
have been overlooked. Even in the contemplation of the Constitution
itself, a State may waive its equal suffrage in the Senate, so as to be
represented by a single Senator only. Of course, all this must depend
on its own consent, in concurrence with the Nation. Nothing is said of
the manner in which this consent may be given by the State or accepted
by the Nation. But if this important limitation can in any way be made
the subject of agreement or compact, pray, Sir, where will you stop?
What other power or prerogative of the State may not be limited also,
especially where there is nothing in the Constitution against any such
limitation? All this I adduce simply by way of illustration. There is
no question now of any limitation, in the just sense of this term. A
condition in favor of Human Rights cannot be a limitation on a State or
on a citizen.
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