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
Here is an Amendment abolishing Slavery. Does it abolish Slavery half,
three-quarters, or wholly? Here I know no half, no three-quarters; I
know nothing but the whole. And I say the article abolishes Slavery
entirely, everywhere throughout this land,--root and branch,--in
the general and the particular,--in length and breadth, and then in
every detail. Am I wrong? Any other interpretation dwarfs the great
Amendment, and permits Slavery still to linger among us in some of
its insufferable pretensions. Sir, I insist upon thorough work. When
I voted for that article, I meant what it said,--that Slavery should
cease absolutely, entirely, and completely. But, Sir, Congress has
already given its testimony to the true meaning of the article. Shortly
after its adoption, it passed what is known as the Civil Rights Law, by
which the courts of justice throughout the country, State as well as
National, are opened to colored persons, who are authorized not only to
sue and be sued, but also to testify,--an important right most cruelly
denied, even in many of the Northern States, making the intervention of
the Nation necessary, precisely as it is necessary now. That law was
passed by both Houses of Congress, vetoed by the President, and passed
then by a two-thirds vote over the veto of the President, and all in
pursuance of these words:--
“Congress shall have power to enforce this article by
appropriate legislation.”
Remark, if you please, the energy of that expression; I have often
had occasion to call attention to it. It is a departure from the old
language of the Constitution:--
“The Congress shall have power to make all laws which shall be
necessary and proper for carrying into execution the foregoing
powers.”
It is stronger,--more energetic:--
“Congress shall have power to _enforce_”--
Mark, Sir, the vitality of the word--
“to _enforce_ this article by appropriate legislation.”
The whole field of apt legislation is open to be employed by Congress
in enforcing Abolition. Congress entered upon that field and
passed the original Civil Rights Act. And who among us now, unless
one of my friends on the other side of the Chamber, questions the
constitutionality of that Act? Does any one? Does any one doubt it?
Does any one throw any suspicion upon it? Would any one have it dropped
from the statute-book on any ground of doubt or hesitation? If there
is any Senator in this category, I know him not. I really should like
to have him declare himself. I will cheerfully yield the floor to any
one willing to declare his doubts of the constitutionality of the Civil
Rights Act. [_After waiting a sufficient time._] Sir, there is no
Senator who doubts it.
Public-domain text, read in full here on John Shaqi.
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