“There is not, it is believed, to be found in the theories of
writers on Government, or in any actual experiment heretofore
tried, an exposition of the term _citizen_, which has not been
understood as conferring _the actual possession and enjoyment,
or the perfect right of acquisition and enjoyment, of an entire
equality of privileges, civil and political_.”[269]
Thus does that terrible judgment, once a ban to the colored race, now
testify to their indisputable rights as “citizens.”
Therefore I cannot hesitate to say, that, when the slaves of our
country became “citizens,” they took their place in the “body politic”
as a component part of the “people,” entitled to equal rights, and
under protection of two guardian principles,--first, that all just
government stands on the consent of the governed, and, secondly, that
taxation without representation is tyranny; and these rights it is the
duty of Congress to guaranty as essential to the idea of a republic.
The aspiration of Abraham Lincoln, in his marvellous utterance at
Gettysburg, was, that “government of the people, by the people, and for
the people should not perish from the earth.” But who will venture to
exclude from the “people” millions of citizens?
If governments in the Rebel States are brought to this criterion,
they must fail. The departure from the true standard is not merely
theoretical, as it might be regarded in States where the disfranchised
are few in number, but there is an absolute failure to come within
the conditions required. It is not decent to call a State republican,
where more than a majority of its “people,” constituting the larger
part of the “body politic,” is permanently disfranchised; nor is it
decent to call a State republican, where any considerable portion of
the “people,” constituting an essential part of the “body politic,” is
permanently disfranchised. If in times past such a State could have
been treated as republican, it will not do to treat it so now. It lacks
the vital elements, and must be treated accordingly. I do not dwell on
this point, for it seems absurd to call it in question.
Clearly it is your duty to enforce the guaranty. By your oaths to
support the Constitution, you must take care that in all the States
where governments have lapsed this guaranty shall be carried out.
In performance of this duty you may proceed either by an _enabling
act_, establishing in advance the conditions of restoration to
“practical relation with the Union,” or by an act directly annulling
all constitutions and laws inconsistent with a republican government.
The power is in Congress. It has been recognized in formal terms
by the Supreme Court; and you are the final judge of the “means” to
be employed. To say that you have not the power is to abdicate at a
great exigency and renounce the very means of salvation. It is to
fling away your arms in the very face of the enemy. It is to spike the
Constitution at a moment when its full cannonade is needed for the
overthrow of wrong. Clearly the power is yours, and upon your heads
will be the fearful responsibility, if you fail to exercise it.
* * * * *
4. From this power in the Constitution I pass to another, also in the
Constitution, supplied by the _second clause of the Constitutional
Amendment_. It is there provided that Congress shall “enforce” the
abolition of Slavery by “appropriate legislation.” Here, according to
all rules of interpretation and the judgments of the Supreme Court,
Congress is empowered to do what in its discretion seems best to this
end. It may adopt any “means” which seem “appropriate.” It may select
any weapon in the arsenal. I do not stop to cite judgments of the
Court, or to dwell on this power. The case is clear, and I challenge
contradiction. As the grant is recent, it is not open to any suggestion
of loss or waiver by desuetude or non-user. It is fresh as the
abolition of Slavery itself, and at this moment is just as vital. You
may as well deny the one as the other.
Here, even at the cost of repetition, allow me to remind you that
already, during the present session, the Senate, in pursuance of this
power, has undertaken to pass “a bill to _protect all persons in the
United States in their civil rights_, and furnish the means of their
vindication.” The declared object of the bill, in its very title, is
the protection of all persons in the United States in their civil
rights; and this object is carried out by the following provision:--
“There shall be no discrimination in civil rights or immunities
among the inhabitants of _any State or Territory of the United
States_ on account of race, color, or previous condition of
slavery.”
The bill proceeds to provide machinery and penalties for the
enforcement of this prohibition. Mark, if you please, that this is
not merely in the Rebel States, nor even in the States where Slavery
was recently abolished, but everywhere throughout the United States.
All this is done by virtue of that very clause of the Constitutional
Amendment which I adduce. It is done by Congress, in the exercise of
its discretion, in order to “enforce” the abolition of Slavery. It is
the “means” which Congress adopts. It is the weapon which Congress
selects from the arsenal. But surely, if Congress, in order to
“enforce” the abolition of Slavery, can secure all persons throughout
the United States in _civil rights_, it can, out of the same abundant
power, secure all persons throughout the United States in _political
rights_; and this is precisely what is proposed by the bill of the
Senator from Illinois. My own proposition, as I now present it, aims
for the present at securing _political rights_ throughout the Rebel
States; but the irresistible argument is the same in each case. Each is
to “enforce” the abolition of Slavery.
I do not stop to exhibit the elective franchise as essential to the
security of the freedman, without which he will be the prey of Slavery
in some new form, and cannot rise to the stature of manhood. In opening
this debate I presented the argument fully. Suffice it to say, that
Emancipation will fail in beneficence, if you do not assure to the
former slave all the rights of the citizen. Until you do this, your
work will be only _half done_, and the freedman only _half a man_.
* * * * *
Such, Sir, are four sources of power,--each ample: first, the necessity
of the case, as with Territories, where there is no other jurisdiction;
secondly, the rights of war, under which all needful safeguards for the
future may be required; thirdly, the duty to guaranty to every State in
the Union a republican form of government; and, fourthly, the authority
to “enforce” the abolition of Slavery by “appropriate legislation.” Out
of each and all Congress may derive its power. It only remains that it
should act as becomes the representatives of the American people.
* * * * *
Mr. President, as I am about to close, allow me to remind you once
more, that, from the nature of the case and from the character of
your obligations, the work of Emancipation must be completed by the
National Government. It cannot be left to become the sport of sectional
prejudice or wayward passion. It began with you, and it is for you to
give it that final assurance to be found only in Enfranchisement. It
is for you to “maintain” the former slave in the liberty he received
at your hands. Such a duty cannot be renounced or delegated. It must
be sacredly performed by the National Government, according to its
original pledge in the Proclamation of Emancipation, and according to
all the suggestions of reason. Humanity, too, joins in the cry. You
cannot consent that the child Emancipation, born of your breath, shall
be surrendered to the custody of enemies. Take it in your arms, I
entreat you, and nurse it into strength. Be instructed by the examples
of history, teaching that the masters of slaves cannot be trusted
to legislate for them,--a conclusion announced by the best English
statesmen, speaking from their experience, in words which I have
often quoted. I refer to the concurring voice of Edmund Burke, George
Canning, and Henry Brougham. Thus, by testimony as well as by reason,
in harmony with the national pledge, we are admonished that the work
must be done by the Nation.
Do not say that you have not the power, when the will only is needed.
It is the part of a good judge to amplify his jurisdiction: _Boni
judicis est ampliare jurisdictionem_. Such is an approved maxim of law,
handed down from early days. Kindred in character are other maxims,
which enjoin the duty of inclining always in favor of Liberty, to
the extent of catching at anything, even a twine thread, by which to
save it. But on this occasion the good Congress need not amplify its
jurisdiction. Enough, if it enforces what plainly exists. It need not
catch at any twine thread to save Liberty. The great cables of the
Constitution, with mighty anchors, are at command.
Sir, the freedman must be protected, and not sacrificed. You can do it,
but only in one way. Paper will not do it. Parchment will not do it.
Compromise will not do it. Give him the strength which comes from the
fulness of citizenship, and he will then be protected. Only principles
can be followed. They are like Divine promises, which, when properly
understood and applied, answer every case of difficulty or distress,
and, as in the Pilgrim’s Progress, “will open any lock in Doubting
Castle.” Have faith. Before the earnest man difficulties disappear.
To the boatman who said it was impossible to brave the storm then
raging, William Tell, inspired by patriotic purpose, replied, “I know
not whether it be possible, but I know that it must be attempted,”--and
the deliverer reached his destination. The same courage is needed now.
The attempt at least must be made; and who can say that it will fail?
On its side will be Providence, the prayers of good men, Nature in her
manifold attributes, and the awakened judgment of the civilized world.
The time has gone by, when the spirit of caste can continue to bear
sway. See to it, Senators, that this spirit has no foothold in the
Constitution of our country. To this duty I summon you now, by every
obligation of statesmanship, for the sake of the Republic and for your
own sakes. To the spirit of caste answer back in the spirit of that
Christian truth which you have been taught. Recall the precious words
of the early English writer, who, describing “the Good Sea-Captain,”
tells us that he “counts the image of God nevertheless His image, cut
in ebony, as if done in ivory.”[270] The good statesman must be like
the good sea-captain. His ship is the State, which he keeps safe on its
track. He, too, must see the image of God in all his fellow-men, and,
in the discharge of his responsible duties, must set his face forever
against any recognition of inequality in human rights. Other things you
may do; but this you must not do.