Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The whole structure of Caste and Oligarchy, as founded on two words,
may be dismissed. It is hard even to think of it without impatience,
to speak of it without denouncing it as unworthy of human head or
human heart. There are honorable Senators who shrink from any direct
argument on these two words, and, wrapping themselves in pleonastic
phrase, content themselves with the general assertion, that power
over suffrage belongs to the States. But they cannot maintain this
conclusion without founding on these two words,--insisting that color
may be a “qualification,” and that under the narrow power to make
“regulations” a race may be broadly disfranchised. To this wretched
pretension are they driven. And now, if there be any such within the
sound of my voice, I ask the question directly,--Can “color,” whether
of hair, eyes, or skin, be a “qualification” under our National
Constitution? under the pretence of making “regulations” of elections,
can a race be disfranchised? With all the power derived from both these
words, can any State undertake to establish a Caste and organize an
Oligarchy of the Skin? To put these questions is to answer them.
* * * * *
Such is the case as presented by the champions. But looking at the
National Constitution, we shall be astonished still more at this
pretension. On other occasions I have gone over the whole case of
Human Rights vs. State Rights under the National Constitution. For the
present I content myself with allusions only to the principal points.
It is under the National Constitution that the champions set up their
pretension; therefore to the National Constitution I go. And I begin
by appealing to the letter, which from beginning to end does not
contain one word recognizing “color.” Its letter is blameless; and its
spirit is not less so. Surely a power to disfranchise for color must
find some sanction in the Constitution. There must be some word of
clear intent under which this terrible prerogative can be exercised.
This conclusion of reason is reinforced by the positive text of our
Magna Charta, the Declaration of Independence, where it is expressly
announced that all men are equal in rights, and that just government
stands only on the consent of the governed. In the face of the National
Constitution, interpreted, first by itself, and then by the Declaration
of Independence, how can this pretension prevail?
But there are positive texts of the National Constitution, refulgent
as the Capitol itself, which forbid it with sovereign, irresistible
power, and invest Congress with all needful authority to maintain the
prohibition.
Public-domain text, read in full here on John Shaqi.
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