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 other words, the Supreme Court will not undertake to sit in judgment
on the means employed by Congress for carrying out a power which exists
in the Constitution. Now the power plainly exists in the Constitution;
it is to abolish Slavery, and it is for Congress in its discretion to
select the means. Already it has selected the Civil Rights Law as the
first means for enforcing the abolition of Slavery. I ask it to select
the supplementary bill now pending as other means to enforce that
abolition. One of the letters that I have read to-day from a leading
colored citizen of Georgia said: “When that becomes a law, the freedom
of my race will then be complete.” It is not complete until then; and
therefore, in securing that freedom, in other words in enforcing the
Constitutional Amendment, Congress is authorized to pass the bill which
I have felt it my duty to introduce, and which is now moved on the
Amnesty Bill.
I might proceed with this argument. But details would take time, and
I think they are entirely needless. The case is too strong. It needs
no further argument. You have the positive grant of power. You have
already one instance of its execution, and you have the solemn decision
of the Supreme Court of the United States declaring that it is in the
discretion of Congress to select the means by which to enforce the
powers granted. How, Sir, can you answer this conclusion? How can my
excellent friend answer it?
Were I not profoundly convinced that the conclusion founded on the
Thirteenth Amendment was unanswerable, so as to make further discussion
surplusage, I should take up the Fourteenth Amendment, and show how,
in the first place, we have there the definition of a Citizen of the
United States, and then, in the second place, an inhibition upon the
States, so that they cannot make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States, nor
deny to any person within the jurisdiction of the United States the
equal protection of the laws. And here again Congress is empowered
to enforce these provisions by appropriate legislation. Surely, if
there were any doubt in the Thirteenth Amendment, as there is not,
it would all be removed by this supplementary Amendment. Here is the
definition of Citizenship, and the right to the equal protection of
the laws,--in other words, Citizenship and Equality, both placed under
the safeguard of the Nation. Whatever will fortify these is within the
power of Congress by express grant. But if these are interpreted by the
Declaration of Independence, as I insist, the conclusion is still more
irresistible.
Public-domain text, read in full here on John Shaqi.
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