Charles Sumner: his complete works, volume 18 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 18 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Am I not right, when I now insist that Congress is a High Court of
Equity with Georgia at its bar? It only remains that it should apply
the principles of Equity, especially supplying deficiencies in the
existing law, enjoining against threatened wrong, and seeing that
justice is done,--all technicalities to the contrary notwithstanding.
Against all strictness of law conscience must prevail; and if there
are niceties and subtilties in the law, they must all minister to the
completion of Reconstruction. To this end, the process of Congress must
go forth in such form as will best establish peace and security in that
State under the safeguard of equal laws. With the execution of this
process Georgia will be a republican government in reality as in name.
The assertion of this power is necessary now, not merely for Georgia,
where it will bring peace and security, but also for the Nation, which
will be elevated in character and strengthened in that unity against
which the Rebellion dashed itself in battle. An ancient sage has left
in perpetual testimony, that the best government is where an injury
to a single citizen is redressed as an injury to the whole nation.
In harmony with the saying of the sage is the fundamental law that
protection and allegiance are reciprocal, so that the Nation owes
protection in exchange for the allegiance it receives. The duties of
the Nation are correlative with the duties of the citizen. Are we a
Nation? Surely we are not, if any State can without correction deny
Equal Rights within its border, or in any way imperil the tranquillity
of the Republic. There was a time when all this might be done with
impunity,--when a State was permitted to exalt itself above the
Nation,--when a State determined for itself the standard of Human
Rights,--when there was one rule of citizenship at Boston and another
at New Orleans, and as many different rules as there were States,--when
State Rights were made the protection for all that a State chose to
do, and the turtle, with its impenetrable shell, was the prototype of
a political community constituting part of the Nation. But this time
has passed. A State can no longer play the turtle; State Rights have
ceased to be a protection for all that a State inclines to do; there
can be but one rule of citizenship in all the States, being the same in
Boston and New Orleans; no State can determine for itself the standard
of Human Rights; no State can exalt itself above the Nation; nor can
any State without correction deny Equal Rights within its borders, or
in any way imperil the tranquillity of the Republic. The judgments of
courts, the arguments of Senators, with all possible learning and all
possible skill, are impotent against that prevailing law which places
the National Unity and the Equal Rights of All beneath the safeguard of
the Nation. There they will remain from this time forevermore, making
the Republic more than ever an example to mankind.
Public-domain text, read in full here on John Shaqi.
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