It is difficult to answer that. The writer proceeds:--

“I have the testimony of Senator Morrill, this same Senator,

to the fact ‘that equality before the law, without distinction

of race or color,’ is a constitutional right,--for we have his

declaration to that effect recorded, and further setting forth

that it is ‘the duty of the Circuit Court of the United States

to afford a speedy and convenient means for the arrest and

examination of persons charged with a disregard of the same.’

(See proceedings of Senate, April, 1866.)”

I have not verified this reference; I read it as I find it. The Senator

will know whether he has heretofore employed such generous language,

in just conformity with the Constitution. Assuming now that he has

used this language, I think, as a lawyer, he will feel that George T.

Downing has the better of him. I ask my friend to listen, and perhaps

he will confess:--

“If equality before the law be a constitutional right, as

testified to by Mr. Morrill, and if it be the duty of the

Federal courts to protect the same, as he further affirms, is

not all conceded as to the right of Congress to act in the case

in question, when it is shown that the public inn, the public

school, the common carrier, are necessary institutions under

the control of law, where equality without regard to race or

color may be enforced? Can there be any question as to the same?

“I further invoke the letter of the Constitution _in behalf

of Congressional action_ to protect me in the rights of an

American citizen; for instance,”--

Again I say, this is not the argument of a Senator, nor of a lawyer,

but only of one of those colored fellow-citizens for whom my friend can

find no protection,--

“for instance, that article which says, ‘The judicial power

shall extend to all cases in law and equity arising under this

Constitution.’ If equality before the law be, as Mr. Morrill

has declared, a constitutional right, the judicial power of

the United States reaches the same. Another section says, ‘The

citizens of each State shall be entitled to all privileges and

immunities of citizens in the several States.’”

Charles Sumner: his complete works, volume 19 (of 20) · 第 119 / 128 题