The Thirteenth Amendment, it is conceded, did something more than to
prohibit slavery as an _institution_, resting upon distinction of race,
and upheld by positive law. My brethren admit that it established and
decreed universal _civil freedom_ throughout the United States. But did
the freedom thus established involve nothing more than exemption from
actual slavery? Was nothing more intended than to forbid one man from
owning another as property? Was it the purpose of the nation simply
to destroy the institution, and then remit the race, theretofore held
in bondage, to the several States for such protection, in their civil
rights, necessarily growing out of freedom, as those states in their
discretion, might choose to provide? Were the States against whose
protest the institution was destroyed, to be left free, as far as
national interference was concerned, to make or allow discriminations
against that race, as such, in the enjoyment of those fundamental rights
which by universal concession, inhere in a state of freedom? Had the
Thirteenth Amendment stopped with the sweeping declaration, in its first
section, against the existence of slavery and involuntary servitude,
except for crime, Congress would have had the power, by implication,
according to the doctrine of _Prigg ~v.~ Commonwealth of Pennsylvania_,
repeated in _Strauder ~v.~ West Virginia_, to protect the freedom
established, and consequently, to secure the enjoyment of such civil
rights as were fundamental in freedom. That it can exert its authority
to that extent is made clear, and was intended to be made clear, by the
express grant of power contained in the second section of the Amendment.
Public-domain text, read in full here on John Shaqi.
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