Then, rising to still higher flight, he cried out:--

“My Lords, I am old and weak, and at present unable to say

more; but my feelings and indignation were too strong to

have said less. I could not have slept this night in my bed,

nor reposed my head on my pillow, without giving this vent

to my eternal abhorrence of such preposterous and enormous

principles.”[222]

But what was the measure which thus aroused the veteran orator,

compared with that before us? It was only a transient act of wrong,

small in proportions. Here is an act of wrong permanent in influence,

colossal in proportions, operating in an extensive region, affecting

millions of citizens, positively endangering the peace of the country,

and covering its name with dishonor. Such is the character of the

present attempt. I exhibit it as I see it. Others may not see it so. Of

course, its supporters cannot see it so. The British Ministry did not

see the measure which Chatham denounced as he saw it, and as history

now sees it. Senators would not support the present proposition, if

they thought it disgraceful; nor would the British Ministry have

supported that earlier proposition, had they thought it disgraceful.

Unhappily, they did not think it so; but I trust you will be warned by

their example.

With the eloquence of Chatham, another also from his place in the House

of Lords held up to reprobation that apprentice system which, under

the sanction of both Houses of Parliament, followed Emancipation in

the British West Indies. I refer to Brougham. He did not hesitate to

exclaim, “Prodigious, portentous injustice!” And then, continuing, he

denounced it as “the gross, the foul, the outrageous, the monstrous,

the incredible injustice of which we are daily and hourly guilty

towards the whole of the ill-fated African race.”[223] But how small

the injustice which aroused his reprobation, compared with that you are

asked to perpetuate in Constitutional Law! The wrong he arraigned was

against eight hundred thousand persons in distant islands, to whom the

people of Great Britain were bound by no peculiar ties, and who were to

them only fellow-men. The wrong I now arraign is against four million

persons, constituting a considerable portion of the “people” of the

United States, to whom we are bound by ties of gratitude, and who are

to us fellow-citizens.

From the moment I heard this proposition first read at the desk I have

not been able to think of it without pain. The reflection that it

may find place in the National Constitution, or even that it may be

sanctioned by Congress, is intolerable. And this becomes more so, when

I call to mind the circumstances by which we are surrounded and the

exigency of the hour.

Lord Bacon tells us that the highest function which men can be called

to perform on earth is that of founders of states, or, as he expresses

it, _conditores imperiorum_.[224] Such is our present duty. We are to

help in this great work by a fundamental provision fixing the basis of

our political system for an indefinite future. There are none among the

great lawgivers of history who have had a sublimer task.

This duty is enhanced, when we consider that it is the consequence and

sequel of an unparalleled war. At a moment of peace such a duty would

be commanding; but it is now reinforced by exceptional considerations

arising from the exceptional condition of affairs. For four years,

Rebellion, of the greatest magnitude known to authentic history,

raged among us, threatening to rend the Republic in twain. Millions

of treasure were sacrificed. Lives more precious than any treasure

were heaped in hecatombs. Families were filled with mourning. In the

terrible struggle, while the country was bleeding at every pore and

the scales of battle hung doubtful, assistance came from an unexpected

quarter. Intermixed with the false men who warred on the Republic

were nearly four million slaves, shut out from rights of all kinds,

and compelled to do the bidding of masters. These slaves became our

benefactors. They were kind to our captive soldiers, sheltering them,

feeding them, supplying their wants, and guiding them to safety. Thus

in the very heart of the Rebellion there was a filial throb for the

Republic. At last arms were put into their hands, and two hundred

thousand brave allies, representatives of an unmustered host, leaped

forward in defence of the national cause. The Republic was saved. The

Rebellion was at an end. Meanwhile the good President who at that time

guided our affairs put forth his immortal Proclamation, declaring that

these slaves “are and henceforward shall be free”; and not stopping

with this declaration, he proceeded to announce that “the Executive

Government of the United States, including the military and naval

authorities thereof, will recognize and _maintain_ the freedom of said

persons.” Thus was the Republic solemnly pledged to these benefactors,

first, by ties of gratitude that should be enduring, and, secondly, by

an open promise in the face of the civilized world. And this pledge

was taken up and adopted by the people of the United States, when, by

Constitutional Amendment, they expressly empowered Congress to maintain

this freedom by appropriate legislation.

And now, Sir, called to readjust the foundations of political power,

which are naturally changed by the disappearance of Slavery, and

called also to perform sacred promises to benefactors, in harmony with

sacred promises of our fathers, while at the same time we save the

name of the Republic from dishonor and see that the national peace is

not imperilled, Congress is about to liquidate all these inviolable

obligations by a new compromise of Human Rights, and, so far as it

can, to place this compromise in the text of the Constitution, thus

establishing a false foundation of political power, violating the

national faith, dishonoring the name of Republic, and imperilling the

national peace. Others have dwelt on the inadequacy of this attempt,

even for its avowed purposes. This is plain. Conceived in a desire to

do indirectly what ought to be done directly, it must naturally share

the conditions of such a device.

Looking at the proposition in its most general aspect, it reminds me,

if you will pardon the illustration, of that leg of mutton, served

for dinner on the road from London to Oxford, which Dr. Johnson, with

characteristic pungency, described “as bad as bad could be,--ill-fed,

ill-killed, ill-kept, and ill-dressed.”[225] So this measure--I adopt

the saying of an eminent friend, who insists that it cannot be called

an “amendment,” but rather a “detriment,” to the Constitution--is as

bad as bad can be; and even for its avowed purpose uncertain, loose,

cracked, and rickety. _Regarding it as a proposition from Congress

to meet the unparalleled exigencies of the hour_, it is no better

than the “muscipular abortion” sent into the world by the “parturient

mountain.”[226] But only when we look at the chance of good is it

“muscipular.” In every other aspect it is gigantic, inasmuch as it

makes the Constitution a well-spring of insupportable thraldom, and

once more lifts the sluices of blood destined to run until it rises to

the horse’s bridle. Adopt it, and you put millions of fellow-citizens

under the ban of excommunication, you hand them over to a new anathema

maranatha, you declare that they have no _political_ rights “which

the white man is bound to respect,”--thus repeating in new form the

abomination that has blackened the name of Taney. Adopt it, and you

stimulate anew the war of race upon race. Slavery itself was a war of

race upon race, and this is only a new form of the terrible war. The

proposition is as hardy as gigantic; for it takes no account of the

moral sense of mankind, which is the same as if in rearing a monument

we took no account of the law of gravitation. It is the paragon and

master-piece of ingratitude, showing more than any other act of history

what is so often charged and we so fondly deny, that republics are

ungrateful. The freedmen ask for bread, and you send them a stone.

With piteous voice they ask for protection; you thrust them back

defenceless into the cruel den of former masters. Such an attempt,

thus bad as bad can be, thus abortive for all good, thus perilous,

thus pregnant with a war of race upon race, thus shocking to the moral

sense, and thus treacherous to those whom we are bound to protect,

cannot be otherwise than shameful.

I shall not content myself with describing the device. This is not

enough. You have seen it in its general character only. You shall see

it now in its guilty parts, each one of which is sufficient to arouse

the conscience against it.

* * * * *

1. Of course you cannot fail to be struck by its language. Here words

become things. In express terms there is _admission of the idea of

Inequality of Rights founded on race or color_. That this unrepublican

idea should be allowed to find place in the text of the Constitution

must excite especial wonder, when it is considered how conscientiously

our fathers excluded from that text the kindred idea of property in

man. The saying of Mr. Madison cannot be too often repeated:--

“He thought it _wrong_ to admit in the Constitution the idea

that there could be property in men.”[227]

But is it less wrong to admit in the Constitution the idea of

Inequality of Rights founded on race or color? Surely the authors of

this proposition have acted inconsiderately and with little regard to

the spirit of the Fathers. Imagine it introduced into the Convention

which framed the Constitution. Not many words would have been used;

but evidently it would have found no place in that text, which, with

pious care, was to be guarded against degradation. And now mark the

change. After the lapse of generations, when our obligations have

increased with increasing light, at an epoch of history when mankind

are more than ever before sensitive to the claims of human rights,

and when among ourselves there is more than ever before a desire and

a duty to fulfil all the promises of the Declaration of Independence,

we are invited to make the Constitution disown the Declaration of

Independence, insult the conscience of mankind, and disregard all the

obligations pressing upon us. But this is a mild way of stating the

character of the attempt plainly apparent in the words. Its essential

uncleanness is not disclosed. Adopt this proposition, and you will

imitate those ancient birds who defiled the feast that was spread. The

Constitution is the feast spread for our country, and you hurry to drop

into its text a political obscenity, and to diffuse over its page a

disgusting ordure,--

“Defiling all you find,

And parting leave a loathsome stench behind.”[228]

Only by plain language can this attempt be adequately exposed. Only

in this way can it be seen in its true character. Only in this way

can you be moved to shrink from it with proper repugnance. In this

spirit the religious press of the country is beginning to speak. The

Boston “Recorder,” the most venerable of all the religious papers of

New England, and perhaps of the whole country, which for more than

half a century has been a weekly teacher at uncounted firesides, thus

solemnly appeals to the conscience of patriots and of statesmen:--

“The proposed Amendment to the Constitution of the United

States, which passed the House of Representatives last week by

a vote of 120 to 46, will, if it should become the fundamental

law of the land, _inflict upon our free institutions greater

infamy than anything contained in our written Constitution_.

There are things there which were sufficiently disgraceful in

their intent and purpose. That the slave-trade should not be

prohibited before 1808, that three fifths of the slaves should

be represented in Congress by the votes of their owners, that

fugitive slaves should be returned to their owners,--these were

scandalous provisions to which our noble fathers submitted

only because without them we could have no common national

existence. But they couched these offensive propositions

in terms that, on the cessation of Slavery, would have no

objectionable meaning. This event they anticipated much earlier

than it has actually occurred. And now that it is a fact, no

one wishes the clauses of the Constitution to which we have

alluded to be stricken out.

“But now it is proposed to ingraft upon this revered instrument

a principle implying that a State may decree that all men are

not born equal, and may disfranchise a majority of her citizens

and their sons and their sons’ sons forever! Good jurists have

declared that the Constitution, as it now stands, would forbid

any such State action, and that all constitutions and laws

disfranchising citizens because of their parentage, color,

race, or descent, are null and void.… We are not aware of any

attempt to refute this view with a shadow of success.

“And now it cannot be that we shall give up our vantage-ground,

_and stain the triumph_ bought with so much precious blood

with _a concession which might be turned to so base a use_.

“Let every patriot, to whom the good name of America is dear,

bestir himself. Let every Christian who believes that God is no

respecter of persons, let every father who would not leave to

his children a legacy of national discord and a birthright in a

nation yet to bleed in Helot conspiracies, let every statesman

who believes that even justice is the only sure foundation of

national tranquillity, arouse himself.”[229]

I have heard somewhere a strange apology for this amendment. It is said

that it is “punitive,” and that the idea of Inequality of Rights is to

be admitted into the Constitution for punishment, and not for sanction.

As well say that the term “three fifths of all other persons” in the

Constitution was “punitive.” It was no such thing. It was a compromise;

and such is the precise character of the present attempt, which, by its

very words, is a plain license to tyranny, in consideration that the

tyrants pay in political power. The primary element, standing out in

“darkness visible,” is the license; the secondary element is the pay.

Here is nothing less than a mighty house that shall be nameless, which

it is proposed to license constitutionally for a consideration. Even

if political power is curtailed, it is only as a consideration for the

license. It is a new sale of “indulgences,” on a larger scale than that

of Tetzel. The latter, returning from Rome into Germany, became vendor

of licenses for adultery, robbery, theft; but the outrage aroused

Martin Luther, and the Reformation began. As well say, that, since pay

was required, therefore the indulgences of Tetzel were “punitive.”

Thus far I have spoken of the attempt only as it appears in its words,

without analyzing it in detail.

* * * * *

2. One of its elementary parts and consequences is that _it sanctions

the acknowledged tyranny of taxation without representation_. A

whole race, constituting a considerable part of the people of the

United States, and embraced under the words of the preamble to the

Constitution, “We the people,” are left without representation in the

Government, but nevertheless held within the grasp of taxation, direct

and indirect, tariff and excise, State and National. Sir, this is

tyranny,--or else our fathers were wrong, when they protested against a

kindred injustice. The principle is fundamental. You cannot violate it

without again dishonoring the Fathers.

To the application of this principle there have been two replies:

first, that in its origin it was a claim of representation for

communities only, and not for individuals; and, secondly, that

in its nature it embraces women as well as men. And from these

two considerations it is argued that it cannot be invoked for the

protection of four million people whose only offence is a dark skin.

Even if it had been originally a claim for communities only, and

not for individuals, it is difficult to see how it can be rejected

as a rule in determining the rights of fellow-citizens counted by

millions. Our fathers, when they cried out that taxation without

representation is tyranny, were not more than two millions and a half.

Our fellow-citizens now renewing the same cry are more than four

millions, possessing the weight of numbers, if not of organization. But

it is a mistake to suppose that the original claim was for communities

only, and not for individuals. This is a question of history, to be

considered with the gravity of history, and as such I ask attention to

it.

In opening this debate, I carried you to that Provincial Court in

Massachusetts, where, in assailing Writs of Assistance, James Otis

first launched the thunderbolt, “Taxation without representation is

tyranny.” You remember how careful he was to insist that without

representation there could be no taxation of any kind, direct or

indirect, on land or on trade, and that the representation must be

substantial, real, and not merely imaginary, or, as it was expressed at

that time, “virtual.” In developing this principle, he announced the

equal rights of all, without distinction of color. On this ground he

stood, when he uttered those memorable words, which the whole country

adopted at once with patriotic frenzy, and which I insist you shall not

deny in our organic law.

But, to show more precisely the meaning of Otis, I let him be his own

interpreter. Again and again he asserts the equality of men. This was

his fundamental principle, which on an important occasion he thus

expressed: “The first simple principle is equality and the power of the

whole.”[230] Nor did he allow this to be limited in application by any

distinction of color. John Adams, who was present when the orator first

raised his great cry, says: “Nor were the poor negroes forgotten. Not

a Quaker in Philadelphia, or Mr. Jefferson, of Virginia, ever asserted

the rights of negroes in stronger terms.”[231] Otis, in another form,

assailed directly the distinction of color, saying: “Will short,

curled hair, like wool, instead of Christian hair, as ’tis called

by those whose hearts are as hard as the nether millstone, help the

argument?”[232] Such, then, were his premises,--the equal rights of

all, without distinction of color. From these his conclusion was easy:--

“The very act of taxing, exercised over those who are not

represented, appears to me to be depriving them of one of their

most essential rights as freemen, and, _if continued, seems

to be, in effect, an entire disfranchisement of every civil

right_. For what one civil right is worth a rush, after a man’s

property is subject to be taken from him at pleasure, without

his consent? If a man is not _his own assessor_, in person or

by deputy, his liberty is gone, or lays entirely at the mercy

of others.”[233]

Stronger words for universal suffrage could not be employed. His

argument is, that, if men are taxed without being represented, they are

deprived of essential rights, and the continuance of this deprivation

despoils them of every civil right,--thus making the latter depend

upon the right of suffrage, which by curious neologism is known as

political instead of civil. Then, giving point to his argument, the

patriot insists, that, in determining taxation, “a man must be his

own _assessor_, in person or by deputy,” without which his liberty is

entirely at the mercy of others. Here, again, in different form, is the

original thunderbolt; and the claim is made not merely for communities,

but for “a man.”

Such a principle naturally encountered opposition at that time, even as

now in this Chamber; but Otis was ready at all points. To the argument,

that Manchester, Birmingham, and Sheffield, like America, returned no

members to Parliament, he flashed forth in reply:--

“If they are not represented, they ought to be. _Every man of a

sound mind should have his vote._”

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