Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It must not be disguised that this pretension has another origin,
outside the Constitution. This is in the Ordinance of 1787, where it
is positively provided that any State formed out of the Northwest
Territory “shall be admitted, by its delegates, into the Congress of
the United States _on an equal footing with the original States in all
respects whatever_.” Next after the equal suffrage in the Senate stands
this provision with its talismanic phrase, _equal footing_. New States
are to be admitted on an _equal footing_ with the original States in
all respects whatever. This language is strong; but nobody can doubt
that it must be read in the light of the Ordinance where it appears.
Read in this light, its meaning cannot be questioned. By the Ordinance
there are no less than six different articles of compact, “forever
unalterable, unless by common consent,” constituting so many perpetual
safeguards: the first perpetuating religious liberty; the second
perpetuating _Habeas Corpus_, trial by jury, and judicial proceedings
according to the course of the Common Law; the third perpetuating
schools and the means of education; the fourth perpetuating the title
of the United States in the soil without taxation, the freedom of
the rivers as highways, and the liability of the people for a just
proportion of the national debt; the fifth perpetuating the right of
the States to be admitted into the Union on an _equal footing_ with
the original States; and then, next in order, the sixth perpetuating
freedom,--being that immortal condition which is the golden bough of
this mighty oak,--that “there shall be neither slavery nor involuntary
servitude in the said Territory.” Now it is clear that subjection
to these perpetual conditions was not considered in any respect
inconsistent with that “equal footing” which was stipulated. Therefore,
even assuming that States, when admitted, shall be on an “equal
footing” with others, there can be no hindrance to any conditions by
Congress kindred to those which were the glory of the Ordinance.
To all who, borrowing a catchword from Slavery, assert the Equality of
States in derogation of fundamental conditions, I oppose the plain text
of the Constitution, which contains no such rule, except in a single
instance, and there the equality may be waived; and I oppose also the
Ordinance of 1787, which, while requiring that new States shall be
admitted on an “equal footing” with other States, teaches by its own
great example that this requirement is not inconsistent with conditions
of all kinds, and especially in favor of Human Rights. The Equality of
States on the lips of Slave-Masters was natural, for it was a plausible
defence against the approaches of Freedom; but this unauthorized
phrase, which has deceived so many, must be rejected now, so far at
least as it is employed against the Equal Rights of All. As one of the
old garments of Slavery, it must be handed to the flames.
Public-domain text, read in full here on John Shaqi.
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