The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
The highest and noblest definition of a State, in our Reports, was given
by Justice Wilson, in the case of Chisholm, &c., vs. Georgia;
"By a State, I mean a complete body of free persons, united for their
common benefit, to enjoy peaceably what is their own, and to do justice
to others."
Chief Justice Chase declared that:
"The people, in whatever territory dwelling, whether temporarily or
permanently, or whether organized under regular government, or united by
less definite relations, constitute the State."
Now, if the people, the moment the 13th Amendment was adopted were
all free, and if these people constituted the State; if, under
the Constitution of the United States, every State is guaranteed a
republican government, then it is the duty of the General Government to
see to it that every State has such a government. If distinctions are
made between free men on account of race or color, the government is not
republican. The manner in which this guarantee of a republican form of
government is to be enforced or made good, must be left to the wisdom
and discretion of Congress.
The 13th Amendment not only destroyed, but it built. It destroyed the
slave-pen, and on its site erected the temple of Liberty. It did not
simply free slaves--it made citizens. It repealed every statute that
upheld slavery. It erased from every Report every decision against
freedom. It took the word "white" from every law, and blotted from the
Constitution all clauses acknowledging property in man.
If, then, all the people in each State, were, by virtue of the 13th
Amendment, free, what right had a majority to enslave a minority? What
right had a majority to make any distinctions between free men? What
right had a majority to take from a minority any privilege, or any
immunity, to which they were entitled as free men? What right had the
majority to make that unequal which the Constitution made equal?
Not satisfied with saying that slavery should not exist, we find in the
amendment the words "nor involuntary servitude." This was intended to
destroy every mark and badge of legal inferiority.
Justice Field upon this very question, says:
Public-domain text, read in full here on John Shaqi.
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