Without going elaborately into this question, as my design was
to state rather than to argue the grounds upon which I place
this bill, I will only add on this branch of the subject that
the clause of the Constitution, under which we are called to
act, in my judgment vests Congress with the discretion of
selecting that "appropriate legislation" which it is believed
will best accomplish the end and prevent slavery.
Then, sir, the only question is, will this bill be effective to
accomplish the object, for the first section will amount to
nothing more than the declaration in the Constitution itself
unless we have the machinery to carry it into effect. A law is
good for nothing without a penalty, without a sanction to it,
and that is to be found in the other sections of the bill. The
second section provides:
"That any person, who under color of any law, statute,
ordinance, regulation, or custom, shall subject or cause to be
subjected any inhabitant of any state or territory to the
deprivation of any right secured or protected by this act, or
to different punishment, pains, or penalties on account of such
person having at any time been held in a condition of slavery
or involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, or by reason
of his color or race, than is prescribed for the punishment of
white persons, shall be deemed guilty of a misdemeanor, and on
conviction shall be punished by fine not exceeding $1000, or
imprisonment not exceeding one year, or both, in the discretion
of the court."
This is the valuable section of the bill so far as protecting
the rights of freedmen is concerned. That they are entitled to
be free we know. Being entitled to be free under the
Constitution, that we have a right to enact such legislation as
will make them free, we believe; and that can only be done by
punishing those who undertake to deny them their freedom. When
it comes to be understood in all parts of the United States
that any person who shall deprive another of any right, or
subject him to any punishment in consequence of his color or
race, will expose himself to fine and imprisonment, I think all
such acts will soon cease.[88]
Public-domain text, read in full here on John Shaqi.
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