He then remarked:--

It seems to me, Sir, that these cases throw upon Congress the duty

at least of inquiry; and I wish the Committee on the Judiciary, from

which proceeded the Constitutional Amendment abolishing Slavery, would

enlighten us on the validity of these proceedings, and the necessity

or expediency of further action to prevent their repetition. I do not

know that the Civil Rights Bill, which was afterward passed, may not be

adequate to meet these cases; but I am not clear on that point.

When the Constitutional Amendment was under consideration, I objected

positively to the phraseology. I thought it an unhappy deference to an

original legislative precedent at an earlier period of our history. I

regretted infinitely that Congress was willing, even indirectly, to

sanction any form of slavery. But the Senate supposed that the phrase

“involuntary servitude, except as a punishment for crime whereof

the party shall have been duly convicted,” was simply applicable to

ordinary imprisonment. At the time I feared that it might be extended

so as to cover some form of slavery. It seems now that it is so

extended, and I wish the Committee to consider whether the remedy can

be applied by Act of Congress, or whether we must not go further and

expurgate that phraseology from the text of the Constitution itself.

After remarks by Mr. Reverdy Johnson and Mr. Creswell, of

Maryland, Mr. Sumner said:--

The remarks of the Senator from Maryland [Mr. JOHNSON] seem to justify

entirely the resolution I have brought forward. I have simply called

attention to what was already notorious, but with a view to action. I

am not sure, that, under the Constitutional Amendment, this abuse may

not be justified, and I desire to have the opinion of the Committee

after ample consideration.

This, Sir, is not the first time in which incidents like this have

occurred. I remember, that, many years ago, when I first came into this

Chamber, the good people whom I represent were shocked at reading that

four colored sailors of Massachusetts had been sold into slavery in

the State of Texas. I did what I could to obtain their liberation, but

without success. I applied directly to the Senator from Texas at that

time, who will be remembered by many as the able General Rusk, beside

whom I sat on the other side of the Chamber. He openly vindicated the

power of the court to make such a sale, and I have never heard anything

of those poor victims from that time to this. Under the operation of

the Constitutional Amendment I trust they are now emancipated; but I am

not sure of that, since they are in Texas.

The resolution was adopted. Subsequently Mr. Creswell moved the

printing of a bill, introduced by him at the preceding session,

to protect children of African descent from being enslaved in

violation of the Constitution of the United States.

February 20th, Mr. Poland, from the Committee on the Judiciary,

to whom this bill had been referred, reported that its object

was accomplished by the Civil Rights and the Habeas Corpus

Acts, and that no further legislation was needed. In a

conversation that ensued, Mr. Sumner said:--

It strikes me the practical question is, whether recent incidents have

not admonished us that there is a disposition to evade the statute, and

under the protection of State laws----

MR. TRUMBULL [of Illinois]. That is the very thing the statute

guards against.

MR. SUMNER. But the statute was not effective to prevent those

incidents.

MR. TRUMBULL. Will any statute, if it is not executed?

MR. SUMNER. But when apprised of an evasion, I ask whether it is not

expedient to counteract that evasion specifically and precisely, so

that there shall be no possible excuse? Liberty is won by these anxious

trials. Those who represent her are accustomed to take case by case

and difficulty by difficulty,--overcoming them, if they can. Secure

first the general principle, as in the Constitutional Amendment,--then

legislation as extensive or minute as the occasion requires. Let it be

“precept upon precept, line upon line,” so long as any such outrage can

be shown.

I would not seem pertinacious, though I do not know that I can err by

any pertinacity on a question of Human Liberty. I feel that we are

painfully admonished, by incidents occurring under our very eyes,

that we ought to do something to tighten that great Constitutional

Amendment. It contains in its text words which I regret. I regretted

them at the time; I proposed to strike them out; and now they return

to plague the inventor. There should have been no recognition in the

Constitutional Amendment of any possibility of Slavery. The reply

is, that the Amendment, if properly interpreted, does not recognize

the possibility of Slavery being legal in any just sense. But it is

misinterpreted,--has been so in an adjoining State; and who can tell

that it will not be so now in every one of the Southern States? I am

sorry that the Committee has not reported the bill.

The Senate last night passed a bill, on the report of my colleague,

to prohibit slavery and peonage in New Mexico. Under the Constitutional

Amendment, I take it, that bill was unnecessary, it was superfluous.

But we have found a difficulty in that Territory. There has been

outrage; slavery in some form exists there; and consequently my

colleague was right, when he brought his Committee to the conclusion

that they must meet it by specific enactment. Where the abuse appears,

we must root it out. That is Radicalism. So long as a human being is

held as a slave anywhere under this flag, from the Atlantic to the

Pacific coast, there is occasion for your powerful intervention; and

if there is ambiguity or failure in existing statutes, then you must

supply another statute.

Charles Sumner: his complete works, volume 14 (of 20) · 第 95 / 125 题