Senator Saulsbury, of Delaware, contended that the Thirteenth Amendment
of the Constitution had given no power to Congress to confer upon free
negroes rights and privileges which had not been conceded to them by the
states where they resided. He said that in Maryland about one half of
the colored population were free before the Thirteenth Amendment was
adopted, that in Delaware the free negroes largely outnumbered the
slaves, and that in Kentucky the free negroes were a large part of the
population. All that the Thirteenth Amendment did was to put the slave
population on the same footing on which the free negroes already stood.
Congress had no power to legislate on the status of free negroes in the
several states before the Civil War. But the powers of Congress in this
respect had not been enlarged by anything in the Thirteenth Amendment.
That amendment had merely said that the condition of slavery--the
condition in which one man belongs to another, which gives that other a
right to appropriate the profits of his labor to his own use and to
control his person--should no longer exist. Those who voted for the
amendment might have contemplated a larger exercise of power by Congress
than mere emancipation, but they did not avow it on the floor of the
Senate when the measure was pending. He continued:
The honorable Senator from Illinois has avowed that he does not
propose by this bill to confer any political power. I have no
doubt the Senator is perfectly honest in that declaration, and
that he personally does not mean to give any political power,
for instance, the right of voting, not only to the freedmen,
but to the whole race of negroes; but the intention of the
Senator in framing this bill will not govern its construction,
and I have not the least doubt that, should it be enacted and
become a law, it will receive very generally, if not
universally, the construction that it does confer a right of
voting in the states; and why do I say so? Says the Senator,
"It confers no political power; I do not mean that." The
question is not what the Senator means, but what is the
legitimate meaning and import of the terms employed in the
bill. Its words are, "That there shall be no discrimination in
civil rights or immunities." What are civil rights? What are
the rights which you, I, or any citizen of this country enjoy?
What is the basis, the foundation of them all? They are
divisible into two classes; one, those rights which we derive
from nature, and the other those rights which we derive from
government. I will admit that you may divide and subdivide the
rights which you derive from government into different
classifications; you may call some, for the sake of convenience
and more definiteness of meaning, political; you may call
others civil.
* * * * *
Public-domain text, read in full here on John Shaqi.
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