Charles Sumner: his complete works, volume 19 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 19 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
In considering these Constitutional provisions, I insist upon that
interpretation which shall give them the most generous expansion, so
that they shall be truly efficacious for human rights. Once Slavery
was the animating principle in determining the meaning of the National
Constitution: happily, it is so no longer. Another principle is now
supreme, breathing into the whole the breath of a new life, and filling
it in every part with one pervading, controlling sentiment,--being
that great principle of Equality which triumphed at last on the
battle-field, and, bearing the watchword of the Republic, now supplies
the rule by which every word of the Constitution and all its parts
must be interpreted, as much as if written in its text.
There is also an original provision of the National Constitution, not
to be forgotten:--
“The citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States.”
Once a sterile letter, this is now a fruitful safeguard, to be
interpreted, like all else, so that human rights shall most
prevail. The term “privileges and immunities” was at an early day
authoritatively defined by Judge Washington, who announced that they
embraced “protection by the Government, the enjoyment of life and
liberty, with the right to acquire and possess property of every
kind, and _to pursue and obtain happiness and safety_, … the right
of a citizen of one State to pass through or to reside in any other
State, for purposes of trade, agriculture, professional pursuits, or
otherwise.”[184] But these “privileges and immunities” are protected by
the present measure.
No doubt the Supplementary Law must operate, not only in National
jurisdiction, but also in the States, precisely as the Civil Rights
Law; otherwise it will be of little value. Its sphere must be
coextensive with the Republic, making the rights of the citizen uniform
everywhere. But this can be only by one uniform safeguard sustained
by the Nation. Citizenship is universal, and the same everywhere. It
cannot be more or less in one State than in another.
But legislation is not enough. An enlightened public opinion must be
invoked. Nor will this be wanting. The country will rally in aid of the
law, more especially since it is a measure of justice and humanity.
The law is needed now as a help to public opinion. It is needed by the
very people whose present conduct makes occasion for it. Prompted by
the law, leaning on the law, they will recognize the equal rights of
all; nor do I despair of a public opinion which shall stamp the denial
of these rights as an outrage not unlike Slavery itself. Custom and
patronage will then be sought in obeying the law. People generally are
little better than actors, for whom it was once said:--
“Ah, let not Censure term our fate our choice:
The stage but echoes back the public voice;
The drama’s laws the drama’s patrons give;
For we that live to please must please to live.”[185]
Public-domain text, read in full here on John Shaqi.
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