Charles Sumner: his complete works, volume 17 (of 20) — John Shaqi
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
If in the original text of the Constitution there could be any doubt,
it was all relieved by the Amendment abolishing Slavery and empowering
Congress to enforce this provision. Already Congress, in the exercise
of this power, has passed a _Civil Rights Act_. It only remains that
it should now pass a _Political Rights Act_, which, like the former,
shall help consummate the abolition of Slavery. According to a familiar
rule of interpretation, expounded by Chief Justice Marshall in his
most masterly judgment, Congress, when intrusted with any power, is
at liberty to select the “means” for its execution.[50] The Civil
Rights Act came under the head of “means” selected by Congress, and a
Political Rights Act will have the same authority. You may as well deny
the constitutionality of the one as of the other.
The Amendment abolishing Slavery has been reinforced by another, known
as Article XIV., which declares peremptorily that “no State shall make
or enforce any law which shall abridge the privileges or immunities
of citizens of the United States,” and again Congress is empowered
to enforce this provision. What can be broader? Colored persons
are citizens of the United States, and no State can abridge their
privileges or immunities. It is a mockery to say, that, under these
explicit words, Congress is powerless to forbid any discrimination
of color at the ballot-box. Why, then, were they inscribed in the
Constitution? To what end? There they stand, supplying additional and
supernumerary power, ample for safeguard against Caste or Oligarchy of
the Skin, no matter how strongly sanctioned by any State Government.
But the champions, anxious for State Rights against Human Rights,
strive to parry this positive text, by insisting, that, in another
provision of this same Amendment, the power over the right to vote
is conceded to the States. Mark, now, the audacity and fragility of
this pretext. It is true, that, “when the right to vote … is denied
to any of the male inhabitants of a State, … or in any way abridged,
except for participation in rebellion or other crime,” the basis of
representation is reduced in corresponding proportion. Such is the
penalty imposed by the Constitution on a State which denies the right
to vote, except in a specific case. But this penalty on the State does
not in any way, by the most distant implication, impair the plenary
powers of Congress to enforce the guaranty of a republican government,
the abolition of Slavery, and that final clause guarding the rights of
citizens,--three specific powers which are left undisturbed, unless the
old spirit of Slavery is once more revived, and Congress is compelled
again to wear those degrading chains which for so long a time rendered
it powerless for Human Rights.
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