Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Now to this perversion I oppose point-blank denial. These two words
are not justly susceptible of any such signification, especially in a
National Constitution, which is to be interpreted always so that Human
Rights shall not suffer. I do not stop now for dictionaries. The case
is too plain. A “qualification” is something that can be acquired. A
man is familiarly said to “qualify” for an office. Nothing can be a
“qualification” which is not in its nature attainable,--as residence,
property, education, or character, each of which is within the possible
reach of well-directed effort. Color cannot be a “qualification.” If
the prescribed “qualification” were color of the hair or color of the
eyes, all would see its absurdity; but it is none the less absurd, when
it is color of the skin. Here is an unchangeable condition, impressed
by Providence. Are we not reminded that the leopard cannot change his
spots, or the Ethiopian his skin? These are two examples of enduring
conditions. Color is a quality from Nature. But a “quality” is very
different from a “qualification.” A quality inherent in man and part of
himself can never be a “qualification” in the sense of the National
Constitution. On other occasions I have cited authorities,[43] and
shown how this attempt to foist into the National Constitution a
pernicious meaning is in defiance of all approved definition, as it is
plainly repugnant to reason, justice, and common sense.
The same judgment must be pronounced on the attempt to found this
outrage upon the power to make “regulations,”--as if this word had not
a limited signification which renders such a pretension impossible.
“Regulations” are nothing but rules applicable to a given matter; they
concern the manner in which a business shall be conducted, and, when
used with regard to elections, are applicable to what may be called
incidents, in contradistinction to the principal, which is nothing less
than the right to vote. A power to regulate is not a power to destroy
or to disfranchise. In an evil hour Human Rights may be struck down,
but it cannot be merely by “regulations.” The pretension that under
such authority this great wrong may be done is another illustration of
that extravagance which the champions do not shrink from avowing.
Public-domain text, read in full here on John Shaqi.
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