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
“for instance, that article which says, ‘The judicial power
shall extend to all cases in law and equity arising under this
Constitution.’ If equality before the law be, as Mr. Morrill
has declared, a constitutional right, the judicial power of
the United States reaches the same. Another section says, ‘The
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.’”
The writer is not content with one clause of the Constitution:--
“Another section says, ‘No State shall make or enforce
any law which shall abridge the privileges or immunities of
citizens of the United States.’ Another section says, ‘The
United States shall guaranty to every State in this Union
a republican form of government.’ The section last cited
contemplates a case where a controlling power shall strive
to have it otherwise, and the subordinated individuals need
protection. Congress is left the judge of what constitutes a
republican form of government, and consequently of the rights
incidental thereto.”
Then again:--
“Another section says, ‘This Constitution, and the laws of
the United States which shall be made in pursuance thereof,
shall be the supreme law of the land.’ Another section says,
‘The Congress shall have power to make all laws which shall be
necessary and proper for carrying into execution the powers
vested by this Constitution in the Government of the United
States.’ Will it be said that the power is not vested in the
Government of the United States to protect the rights of its
citizens, and that it is not necessary and proper to do so?
“The Senator admits that there is a constitutional inhibition
against proscribing men because of their race or color in
the enjoyment of rights and privileges, but he denies the
existence of a constitutional right on the part of Congress to
act in defence of the supreme law, when a State may disregard
the Constitution in this respect. I read the Constitution
otherwise. I conclude, that, when the supreme law says of right
a thing shall not be, Congress, which has that supreme law as
its guide and authority, has the power to enforce the same.”
Public-domain text, read in full here on John Shaqi.
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