when they please, to make contracts and enforce contracts, I
give notice that, if no one else does, I shall introduce a bill
and urge its passage through Congress that will secure to those
men every one of these rights: they would not be freemen
without them. It is idle to say that a man is free who cannot
go and come at pleasure, who cannot buy and sell, who cannot
enforce his rights. These are rights which the first clause of
the constitutional amendment meant to secure to all; and to
prevent the very cavil which the Senator from Delaware suggests
to-day, that Congress would not have power to secure them, the
second section of the amendment was added.
There were some persons who thought it was unnecessary to add
the second clause. It was said by some that wherever a power
was conferred upon Congress there was also conferred authority
to pass the necessary laws to carry that power into effect,
under the general clause in the Constitution of the United
States which declares that Congress shall have authority to
pass all laws necessary and proper for carrying into execution
any of the powers conferred by the Constitution. I think
Congress would have had the power, even without the second
clause, to pass all laws necessary to give effect to the
provision making all persons free; but it was intended to put
it beyond cavil and dispute, and that was the object of the
second clause, and I cannot conceive how any other construction
can be put upon it.
Now, sir, I trust that this bill may be referred, because I
think that a bill of this character should not pass without
deliberate consideration and without going to some of the
committees of the Senate. But the object which is had in view
by this bill I heartily sympathize with, and when the
constitutional amendment is adopted I trust we may pass a bill,
if the action of the people in the Southern States should make
it necessary, that will be much more sweeping and efficient
than the bill under consideration. I will not sit down,
however, without expressing the hope that no such legislation
may be necessary. I trust that the people of the South, who in
their state constitutions have declared that slavery shall no
more exist among them, will by their own legislation make that
provision effective. I trust there may be a feeling among them
in harmony with the feeling throughout the country, and which
shall not only abolish slavery in name, but in fact, and that
the legislation of the slave states in after years may be as
effective to elevate, enlighten, and improve the African as it
has been in past years to enslave and degrade him.[80]
Public-domain text, read in full here on John Shaqi.
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