The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—InterviewsIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—Interviews
Ingersoll, Robert Green
Free thought
Justice Harlan shows conclusively that the Thirteenth Amendment
was adopted in the light of the Dred Scott decision; that it
overturned and destroyed, not simply the decision, but the reasoning
upon which it was based; that it proceeded upon the ground that
the colored people had rights that white men were bound to respect,
not only, but that the Nation was bound to protect. He takes the
ground that the amendment was suggested by the condition of that
race, which had been declared by the Supreme Court of the United
States to have no rights which white men were bound to respect; that
it was made to protect people whose rights had been invaded, and
whose strong arms had assisted in the overthrow of the Rebellion;
that it was made for the purpose of putting these men upon a legal
authority with white citizens.
Justice Harland also shows that while legislation of Congress to
enforce a master's right was upheld by implication, the rights of
the negro do not depend upon that doctrine; that the Thirteenth
Amendment does not rest upon implication, or upon inference; that
by its terms it places the power in Congress beyond the possibility
of a doubt--conferring the power to enforce the amendment by
appropriate legislation in express terms; and he also shows that
the Supreme Court has admitted that legislation for that purpose
may be direct and primary. Had not the power been given in express
terms, Justice Harlan contends that the sweeping declaration that
neither slavery nor involuntary servitude shall exist would by
implication confer the power. He also shows conclusively that,
under the Thirteenth Amendment, Congress has the right by appropriate
legislation to protect the colored people against the deprivation
of any right on account of their race, and that Congress is not
necessarily restricted, under the Thirteenth Amendment, to legislation
against slavery as an institution, but that power may be exerted
to the extent of protecting the race from discrimination in respect
to such rights as belong to freemen, where such discrimination is
based on race or color.
If Justice Harlan is wrong the amendments are left without force
and Congress without power. No purpose can be assigned for their
adoption. No object can be guessed that was to be accomplished.
They become words, so arranged that they sound like sense, but when
examined fall meaninglessly apart. Under the decision of the
Supreme Court they are Quaker cannon--cloud forts--"property" for
political stage scenery--coats of mail made of bronzed paper--
shields of gilded pasteboard--swords of lath.
_Question_. Do you wish to say anything as to the reasoning of
Justice Harlan on the rights of colored people on railways, in inns
and theatres?
Public-domain text, read in full here on John Shaqi.
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