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
According to the Constitution, “the _times, places, and manner_ of
holding elections for Senators and Representatives shall be prescribed
in each State by the Legislature thereof; but the Congress may at any
time by law make or alter such _regulations_, except as to the places
of choosing Senators.” Here is the text of this portentous power
to blast a race. In these simple words no such power can be found,
unless the seeker makes the Constitution a reflection of himself. The
times, places, and manner of holding elections are referred to the
States,--nothing more; and even these may be altered by Congress. Being
matters of form and convenience only, in the nature of _police_, they
are justly included under the head of “regulations,” like the sword and
uniform of the army. Do we not familiarly speak of a _regulation_ sword
and a _regulation_ sash? Who will dare to say that under this formal
power of _regulation_ a whole race may be despoiled of equal rights
and of all participation in the Government? This very pretension was
anticipated by Mr. Madison, and condemned in advance. Here are his
decisive words in the Virginia Convention:--
“Some States might regulate the elections on the principles of
equality, and others might regulate them otherwise.… Should the
people of any State by any means be deprived of the right of
suffrage, _it was judged proper that it should be remedied by
the General Government_.”[232]
Thus was it expressly understood, at the adoption of the Constitution,
that Congress should have the power to prevent any State, under the
pretence of regulating the suffrage, from depriving the people of this
right, or from interfering with the principle of _Equality_.
Kindred to this statement of Mr. Madison is that other contemporary
testimony which will be found in the “Federalist,” where the
irrepealable rights of citizens are recognized without distinction of
color. This explicit language cannot be too often quoted. Here it is:--
“It is only under the pretext that the laws have transformed
the negroes into subjects of property that a place is denied to
them in the computation of numbers; and it is admitted, that,
if the laws were to restore the rights which have been taken
away, _the negroes could no longer be refused an equal share of
representation with the other inhabitants_.”[233]
Public-domain text, read in full here on John Shaqi.
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