Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
By the Constitutional Amendment abolishing Slavery Congress is
empowered “to enforce this article by appropriate legislation”; and in
pursuance thereof the Civil Rights Law was enacted. That measure was
justly accepted as “appropriate legislation.” Without it Slavery would
still exist in at least one of its most odious pretensions. By the
Civil Rights Law colored persons were assured in the right to testify,
which in most of the States was denied or abridged. So closely was
this outrage connected with Slavery, that it was, indeed, part of this
great wrong. Therefore its prohibition was “appropriate legislation”
in the enforcement of the Constitutional Amendment. But the denial or
abridgment of Equality on account of color is also part of Slavery. So
long as it exists, Slavery is still present among us. Its prohibition
is not only “appropriate,” but necessary, to enforce the Constitutional
Amendment. Therefore is it strictly Constitutional, as if in the very
text of the National Constitution.
The next Constitutional Amendment, known as the Fourteenth, contains
two different provisions, which augment the power of Congress. The
first furnishes the definition of “citizen,” which down to this time
had been left to construction only:--
“_All persons_ born or naturalized in the United States, and
subject to the jurisdiction thereof, are _citizens_ of the
United States, and of the States wherever they reside.”
Here, you will remark, are no words of race or color. “_All_ persons,”
and not “_all white_ persons,” born or naturalized in the United
States, and subject to the jurisdiction thereof, are “citizens.” Such
is the definition supplied by this Amendment. This is followed by
another provision in aid of the definition:--
“No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or
property without due process of law, _nor deny to any person
within its jurisdiction the equal protection of the laws_.”
And Congress is empowered to enforce this definition of Citizenship and
this guaranty, by “appropriate legislation.”
Here, then, are two Constitutional Amendments, each a fountain of
power: the first, to enforce the Abolition of Slavery; and the second,
to assure the privileges and immunities of citizens, and also the equal
protection of the laws. If the Supplementary Civil Rights Bill, moved
by me, is not within these accumulated powers, I am at a loss to know
what is within those powers.
Public-domain text, read in full here on John Shaqi.
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