Chapter VIII: Part 8

All this makes a strange, eventful passage of history. The enlightened civilization of the age was beginning to be felt against Slavery, when its representatives turned madly round to confront the angel of light. The madness showed itself by degrees. Point by point it made itself manifest in Congress. The Slave-Masters forgot morals, history, and the Constitution. Their manifold pretensions resolved themselves into three, in which the others were absorbed: first, that Slavery, instead of an evil to be removed, was a blessing to be preserved; secondly, that the right of petition could not be exercised against Slavery; thirdly, that, in all that concerns Slavery, State Rights were everything, while National Rights were nothing. These three pretensions entered into Congress, like so many devils, and possessed it. The first broke forth in eulogies of Slavery, and even in blandishments for the Slave-Trade. The second broke forth in the “Atherton Gag,” under which the honest, earnest petitions from the national heart against Slavery, even in the District of Columbia, were tabled without reference, and the great Right of Petition, promised by the Constitution, became a dead letter. The third, beginning with the denial of the power of the Nation to affix upon new States the perpetual condition of Human Rights, broke forth in the denial of the power of the Nation over Slavery in the Territories or anywhere else, even within the national jurisdiction. These three pretensions all had a common origin, and one was as offensive and unreasonable as another. The praise of Slavery and the repudiation of the Right of Petition by the enraged Slave-Masters were not worse than the pretension of State Rights against the power of the Nation to prohibit Slavery in the national jurisdiction, or to affix righteous conditions upon new States.

The first two pretensions have disappeared. These two devils have been cast out. Nobody dares to praise Slavery; nobody dares to deny the Right of Petition. The third pretension has disappeared only so far as it denied the power of the Nation over Slavery in the Territories; and we are still doomed to hear, in the name of State Rights, the old cry against conditions upon new States. This devil is not yet entirely cast out. Pardon me, if I insist upon putting the national rights over the Territories and the national rights over new States before their admission in the same category. These rights not only go together, but they are one and the same. They are not merely companion and cognate, but they are identical. The one is necessarily involved in the other. Prohibition in the Territories is prolonged in conditions upon new States. The Ordinance of 1787, which is the great example, asserts the _perpetuity_ of all its prohibitions; and this is the rule alike of law and statesmanship. Vain were its prohibitions, if they fell dead in presence of State Rights. The pretension is too irrational. The Missouri Act takes up the rule asserted in the Ordinance, and declares that in certain Territories Slavery shall be prohibited _forever_. A territorial existence terminating in State Rights is a short-lived _forever_. Only by recognizing the power of the Nation over the States formed out of the Territory can this _forever_ have a meaning above the prattle of childhood or the vaunt of Bombastes.

The whole pretension against the proposed condition is in the name of State Rights; but it cannot be doubted that it may be traced directly to Slavery. Shall the pretension be allowed to prevail, now that Slavery has disappeared? The principal has fallen; why preserve the incident? The wrong guarded by this pretension has yielded; why should not the pretension yield also? Asserting, as I now do, the validity and necessity of the proposed condition, I would not seem indifferent to the rights of the States in those proper spheres appointed for them. Unquestionably States have rights under the Constitution, which we are bound to respect,--nay, more, which are a source of strength and advantage. It is through the States that the people everywhere govern themselves, and our Nation is saved from a central domination. Here is the appointed function of the States. They supply the machinery of local self-government for the convenience of life, while they ward off the attempts of an absorbing imperialism. _But there can be no State Rights against Human Rights._ Because a State, constituting part of a Nation dedicated to Human Rights, may govern itself and supply the machinery of local self-government, _it does not follow that such a State may deny Human Rights within its borders_. State Rights, when properly understood, are entirely consistent with the maintenance of Human Rights by the Nation. The State is not humbled, when it receives the mandate of the Nation to do no wrong; nor can the Nation err, when it asserts everywhere within its borders the imperialism of Human Rights. Against this righteous supremacy all pretensions of States must disappear, as darkness before the King of Day.

The song of State Rights has for its constant refrain the asserted _Equality of the States_. Is it not strange that words so constantly employed as a cover for pretensions against Human Rights cannot be found in the Constitution? It is true, that, by the Laws of Nations, all sovereign States, great or small, are equal; but this principle has been extended without authority to States created by the Nation and made a part of itself. There is but one active provision in the Constitution which treats the States as equal, and this provision shows how this very Equality may be waived. Every State, large or small, has two Senators, and the Constitution places this Equality of States under its safeguard by providing that “no State, _without its consent_, shall be deprived of its _equal suffrage_ in the Senate.” But this very text contains what lawyers might call a “negative pregnant,” being a negation of the right to change this rule, with an affirmation that it may be changed. The State, _with its consent_, may be deprived of its equal suffrage in the Senate. And this is the whole testimony of the Constitution to that Equality of States which is now asserted in derogation of all compacts or conditions. It is startling to find how constantly the obvious conclusions from the text of the Constitution have been overlooked. Even in the contemplation of the Constitution itself, a State may waive its equal suffrage in the Senate, so as to be represented by a single Senator only. Of course, all this must depend on its own consent, in concurrence with the Nation. Nothing is said of the manner in which this consent may be given by the State or accepted by the Nation. But if this important limitation can in any way be made the subject of agreement or compact, pray, Sir, where will you stop? What other power or prerogative of the State may not be limited also, especially where there is nothing in the Constitution against any such limitation? All this I adduce simply by way of illustration. There is no question now of any limitation, in the just sense of this term. A condition in favor of Human Rights cannot be a limitation on a State or on a citizen.

If we look further, and see how the Senatorial equality of States obtained recognition in the Constitution, we shall find new occasion to admire that facility which has accorded to this concession so powerful an influence; and here the record is explicit. The National Convention had hardly assembled, when the small States came forward with their pretensions. Not content with suffrage in the Senate, they insisted upon equal suffrage in the House of Representatives. They had in their favor the rule of the Continental Congress, and also of the Confederation, under which each State enjoyed one vote. Assuming to be independent sovereignties, they had likewise in their favor the rule of International Law. Against these pretensions the large States pleaded the simple rule of justice; and here the best minds concurred. On this head the debates of the Convention are interesting. At an early day we find Mr. Madison moving “that the equality of suffrage established by the Articles of Confederation ought not to prevail in the _National_ Legislature.”[222] This proposition, so consistent with reason, was seconded by Gouverneur Morris, and, according to the report, “being generally relished,” was about being adopted, when Delaware, by one of her voices on the floor, protested, saying, that, in case it were adopted, “it might become the duty of her deputies to retire from the Convention.”[223] Such was the earliest cry of Secession. Gouverneur Morris, while observing that the valuable assistance of those members could not be lost without real concern, gave his testimony, that “the change proposed was so fundamental an article in a _National_ Government that it could not be dispensed with.”[224] Mr. Madison followed, saying, very justly, that, “whatever reason might have existed for the equality of suffrage when the Union was a Federal one _among sovereign States_, it must cease when a _National_ government should be put into the place.”[225] Franklin, in similar spirit, reminded the Convention that the equal suffrage of the States “was submitted to originally by Congress under a conviction of its impropriety, inequality, and injustice.”[226] This is strong language from the wise old man, but very true. Elbridge Gerry, after depicting the States as “intoxicated with the idea of their sovereignty,” said that “the injustice of allowing each State an equal vote was long insisted on. He voted for it; but it was against his judgment, and under the pressure of public danger and the obstinacy of the lesser States.”[227] Against these overwhelming words of Madison, Morris, Franklin, and Gerry, the delegates from Delaware pleaded nothing more than that, without an equal suffrage, “Delaware would have about one ninetieth for its share in the general councils, whilst Pennsylvania and Virginia would possess one third of the whole”;[228] and New Jersey, by her delegates, pleaded also “that it would not be safe for Delaware to allow Virginia sixteen times as many votes” as herself.[229] On the part of the small States, the effort was for power disproportioned to size. On the part of the large States there was a protest against the injustice and inequality of these pretensions, especially in a government national in its character. The question was settled by the great compromise of the Constitution, according to which representation in the House of Representatives was proportioned to population, while each State was entitled to an equal suffrage in the Senate. To this extent the small States prevailed, and the Senate ever since has testified to the equality of States; or rather, according to the language of the “Federalist” on this very point, it has been “a palladium to the residuary sovereignty of the States.”[230] Thus, by the pertinacity of the small States, was this concession extorted from the Convention, in defiance of every argument of justice and equity, and contrary to the judgment of the best minds; and now it is exalted into a universal rule of Constitutional Law, before which justice and equity must hide their faces.

This protracted and recurring conflict in the Convention is compendiously set forth by our great authority, Judge Story, when he says:--

“It constituted one of the great struggles between the large
and the small States, which was constantly renewed in the
Convention, and impeded it in every step of its progress in
the formation of the Constitution. The struggle applied to
the organization of each branch of the Legislature. The small
States insisted upon an equality of vote and representation in
each branch, and the large States upon a vote in proportion to
their relative importance and population.… The small States at
length yielded the point as to an equality of representation
in the House, and acceded to a representation proportionate to
the Federal numbers. But they insisted upon an equality in the
Senate. To this the large States were unwilling to assent, and
for a time the States were on this point equally divided.”[231]

This summary is in substantial harmony with my own abstract of the debates. I present it because I would not seem in any way to overstate the case. And here let me add most explicitly, that I lend no voice to any complaint against the small States; nor do I suggest any change in the original balances of our system. I insist only that the victory achieved in the Constitution by the small States shall not be made the apology for a pretension inconsistent with Human Rights. And now, for the sake of a great cause, the truth must be told.

It must not be disguised that this pretension has another origin, outside the Constitution. This is in the Ordinance of 1787, where it is positively provided that any State formed out of the Northwest Territory “shall be admitted, by its delegates, into the Congress of the United States _on an equal footing with the original States in all respects whatever_.” Next after the equal suffrage in the Senate stands this provision with its talismanic phrase, _equal footing_. New States are to be admitted on an _equal footing_ with the original States in all respects whatever. This language is strong; but nobody can doubt that it must be read in the light of the Ordinance where it appears. Read in this light, its meaning cannot be questioned. By the Ordinance there are no less than six different articles of compact, “forever unalterable, unless by common consent,” constituting so many perpetual safeguards: the first perpetuating religious liberty; the second perpetuating _Habeas Corpus_, trial by jury, and judicial proceedings according to the course of the Common Law; the third perpetuating schools and the means of education; the fourth perpetuating the title of the United States in the soil without taxation, the freedom of the rivers as highways, and the liability of the people for a just proportion of the national debt; the fifth perpetuating the right of the States to be admitted into the Union on an _equal footing_ with the original States; and then, next in order, the sixth perpetuating freedom,--being that immortal condition which is the golden bough of this mighty oak,--that “there shall be neither slavery nor involuntary servitude in the said Territory.” Now it is clear that subjection to these perpetual conditions was not considered in any respect inconsistent with that “equal footing” which was stipulated. Therefore, even assuming that States, when admitted, shall be on an “equal footing” with others, there can be no hindrance to any conditions by Congress kindred to those which were the glory of the Ordinance.

To all who, borrowing a catchword from Slavery, assert the Equality of States in derogation of fundamental conditions, I oppose the plain text of the Constitution, which contains no such rule, except in a single instance, and there the equality may be waived; and I oppose also the Ordinance of 1787, which, while requiring that new States shall be admitted on an “equal footing” with other States, teaches by its own great example that this requirement is not inconsistent with conditions of all kinds, and especially in favor of Human Rights. The Equality of States on the lips of Slave-Masters was natural, for it was a plausible defence against the approaches of Freedom; but this unauthorized phrase, which has deceived so many, must be rejected now, so far at least as it is employed against the Equal Rights of All. As one of the old garments of Slavery, it must be handed to the flames.

From this review it is easy to see that we approach the present question without any impediment or constraint in the Constitution. Not a provision, not a clause, not a sentence, not a phrase in the Constitution can be made an apology even for the present objection,--absolutely nothing; and here I challenge reply. Without any support in the Constitution, its partisans borrow one of the worst pretensions of Slavery, and utter it now as it was uttered by Slave-Masters. Once more we hear the voice of Slavery crying out in familiar tones, that conditions cannot be imposed on new States. Alas that Slavery, which we thought had been slain, is not entirely dead! Again it stalks into this Chamber, like the majesty of buried Denmark,--“in the same figure, like the king that’s dead,”--and then, like this same ghost, it cries out, “Swear!” and then again, “Swear!”--and Senators pledged to Freedom take up the old pretension and swear it anew. For myself, I insist not only that Slavery shall be buried out of sight, but that all its wretched pretensions hostile to Human Rights shall be buried with it.

* * * * *

The conditions upon new States are of two classes: _first_, those that _may_ be required; _secondly_, those that _must_ be required.

The first comprehends those conditions which the Nation may consider it advisable to require, before admitting a new member into the partnership of government. The Constitution, in positive words, leaves to the Nation a discretion with regard to the admission of new States. The words are: “New States _may_ be admitted by the Congress into the Union,”--thus plainly recognizing a latitude under which any conditions not inconsistent with the Constitution may be required, as by a firm on the admission of a new partner. All this is entirely reasonable; but I do not stop to dwell on it, for the condition which I have at heart does not come under this head.

A fundamental condition in favor of Human Rights is of that essential character that it _must_ be required. Not to require it is to abandon a plain duty; so it seems to me. I speak with all deference to others, but I cannot see it otherwise.

The Constitution declares that “the United States shall guaranty to every State in this Union _a republican form of government_.” These are grand words, perhaps the grandest in the Constitution, hardly excepting the Preamble, which is so full of majestic meaning and such a fountain of national life. Kindred to the Preamble is this supreme obligation imposed on the United States to guaranty a republican government. There it is. You cannot avoid this duty. Called to its performance, you must supply a practical definition of a republican government. This again you cannot avoid. By your oaths, by all the responsibilities of your position, you must say what in your judgment is a republican government, and you must so decide as not to discredit our fathers and not to give an unworthy example to mankind. Happily the definition is already of record in our history. Our fathers gave it to us, as amid the thunders of Sinai, when they put forth their Declaration of Independence. There it stands in the very front of our Great Charter, embodied in two simple, self-evident truths,--first, that all men are equal in rights, and, secondly, that all just government is founded only on the consent of the governed,--the two together making an axiomatic definition which proves itself. Its truth is like the sun; blind is he who cannot see it. And this is the definition bequeathed as a freehold by our fathers. Though often assailed, even by Senators, it is none the less true. So have I read of savages who shot their arrows at the sun. Clearly, then, that is a republican government where all have equal rights and participate in the government. I know not if anything need be added; I am sure that nothing can be subtracted.

The Constitution itself sets the example of imposing conditions upon the States. Positively it says, no State shall enter into any treaty, alliance, or confederation; no State shall grant letters of marque and reprisal; no State shall coin money; no State shall emit bills of credit. Again it says, no State shall, without the consent of Congress, lay any duty of tonnage, or keep troops or ships of war in time of peace. All these are conditions in the text of the Constitution so plain and intelligible as to require no further elucidation. To repeat them on the admission of a State would be superfluous. It is different, however, with that highest condition of all, that the State shall be republican. This requires repetition and elucidation, so as to remove all doubt of its application, and to vitalize it by declaring what is meant by a republican government.

* * * * *

Here I might close this argument; but there are two hostile pretensions which must be exposed: the first founded on a false interpretation of “qualifications,” being nothing less than the impossible assumption, that, because the States may determine the “qualifications” of electors, therefore they can make color a criterion of the electoral franchise; and the second founded on a false interpretation of the asserted power of the States “to regulate suffrage,” being nothing less than the impossible assumption that under the power to regulate suffrage the rights of a whole race may be annihilated. These two pretensions are of course derived from Slavery. They are hatched from the eggs that the cuckoo bird has left behind. Strange that Senators will hatch them!

1. By the Constitution it is provided that “the electors in each State shall have the _qualifications_ requisite for electors of the most numerous branch of the State Legislature.” On this clause Senators build the impossible pretension that a State cannot be interrupted in its disfranchisement of a race. Here is the argument: Because a State may determine the _qualifications_ of electors, _therefore_ it may deprive a whole race of equal rights and of participation in the Government. Logically speaking, here are most narrow premises for the widest possible conclusion. On the mere statement, the absurdity is so unspeakable as to recall the kindred pretension of Slavery, that, because commerce is lawful, therefore commerce in human flesh is lawful also. If the consequences were not so offensive, this “argal” might be handed over to consort with that of the Shakespearean grave-digger. But the argument is not merely preposterous, it is insulting to the human understanding, and a blow at human nature itself. If I use strong language, it is because such a proclamation of tyranny requires it. Admitting that the States may determine the “qualifications” of electors, what then? Obviously it must be according to the legitimate meaning of this word. And here, besides reason and humanity, two inexhaustible fountains, we have two other sources of authority: first, the Constitution, in which the word appears, and, secondly, the dictionaries of the English language, out of both of which we must condemn the intolerable pretension.

The Constitution, where we find this word, follows the Declaration of Independence, and refuses to recognize any distinction of color. Search, and you will confess that there is no word of “color” in its text; nor is there anything there on which to found any disfranchisement of a race. The “qualifications” of different officers, as President, Vice-President, Senators, and Representatives, are named; but “color” is not among these. The Constitution, like the Ten Commandments and the Beatitudes, embraces all alike within its mandates and all alike within its promises. There are none who must not obey it; there can be none who may not claim its advantages. By what title do you exclude a race? The Constitution gives no such title; you can only find it in yourselves. The fountain is pure; it is only out of yourselves that the waters of bitterness proceed.

The dictionaries of our language are in harmony with the Constitution. Look at “Qualification” in Webster or Worcester, the two best authorities of our time, and you will find that the word means “fitness,” “capability,” “accomplishment,” “the condition of being qualified”; but it does not mean “color.” It embraces age, residence, character, education, and the payment of taxes,--in short, all those conditions which, when honestly administered, are in the nature of _regulation_, not of _disfranchisement_. The English dictionaries most used by the framers of the Constitution were Bailey and Johnson. According to Bailey, who was the earliest, this important word is thus defined:--

“(1.) _That which fits any person or thing for any particular
purpose._”

“(2.) _A particular faculty or endowment, an accomplishment._”

According to Johnson, who is the highest authority, it is thus defined:--

“(1.) _That which makes any person or thing fit for anything._”

EXAMPLE.--“It is in the power of the prince to make piety and
virtue become the fashion, if he would make them necessary
_qualifications_ for preferment.--SWIFT.”

“(2.) _Accomplishment._”

EXAMPLE.--“Good _qualifications_ of mind enable a magistrate
to perform his duty, and tend to create a public esteem of
him.--ATTERBURY.”

By these definitions this word means “fitness,” or “accomplishment,” and, according to the well-chosen examples from Swift and Atterbury, it means qualities like “piety” and “virtue,” or like faculties “of mind,” all of which are more or less within the reach of every human being. But it is impossible to extend this list so as to make “color” a quality,--absolutely impossible. Color is a physical condition affixed by the God of Nature to a large portion of the human race, and insurmountable in its character. Age, education, residence, property,--all these are subject to change; but the Ethiopian cannot change his skin. On this last distinctive circumstance I take my stand. _An insurmountable condition is not a qualification, but a disfranchisement._ Admit that a State may determine the “qualifications” of electors, it cannot, under this authority, arbitrarily exclude a whole race.

Try this question by examples. Suppose South Carolina, where the blacks are numerous, should undertake to exclude the whites from the polls on account of “color”; would you hesitate to arrest this injustice? You would insist that a government sanctioning such a denial of rights, under whatever pretension, could not be republican. Suppose another State should gravely declare that _all with black eyes_ should be excluded from the polls, and still another should gravely declare that _all with black hair_ should be excluded from the polls, I am sure that you would find it difficult to restrain the mingled derision and indignation which such a pretension must excite. But this fable pictures your conduct. All this is now gravely done by States; and Senators gravely insist that such exclusion is proper in determining the “qualifications” of electors.

2. Like unto the pretension founded on a misinterpretation of “qualifications” is that other founded on a misinterpretation of the asserted power of a State to make “regulations.” Listen to this pretension. Assuming that a State may _regulate_ the elections without the intervention of Congress, it is insisted that it may disfranchise a race. Because a State may regulate the elective franchise, _therefore_ it may destroy this franchise. Surely it is one thing to regulate, and quite another thing to destroy. The power to regulate cannot involve any such conclusion of tyranny. To every such wretched result, howsoever urged, there is one sufficient reply,--_Non sequitur_.

According to the Constitution, “the _times, places, and manner_ of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such _regulations_, except as to the places of choosing Senators.” Here is the text of this portentous power to blast a race. In these simple words no such power can be found, unless the seeker makes the Constitution a reflection of himself. The times, places, and manner of holding elections are referred to the States,--nothing more; and even these may be altered by Congress. Being matters of form and convenience only, in the nature of _police_, they are justly included under the head of “regulations,” like the sword and uniform of the army. Do we not familiarly speak of a _regulation_ sword and a _regulation_ sash? Who will dare to say that under this formal power of _regulation_ a whole race may be despoiled of equal rights and of all participation in the Government? This very pretension was anticipated by Mr. Madison, and condemned in advance. Here are his decisive words in the Virginia Convention:--

“Some States might regulate the elections on the principles of
equality, and others might regulate them otherwise.… Should the
people of any State by any means be deprived of the right of
suffrage, _it was judged proper that it should be remedied by
the General Government_.”[232]

Thus was it expressly understood, at the adoption of the Constitution, that Congress should have the power to prevent any State, under the pretence of regulating the suffrage, from depriving the people of this right, or from interfering with the principle of _Equality_.

Kindred to this statement of Mr. Madison is that other contemporary testimony which will be found in the “Federalist,” where the irrepealable rights of citizens are recognized without distinction of color. This explicit language cannot be too often quoted. Here it is:--

“It is only under the pretext that the laws have transformed
the negroes into subjects of property that a place is denied to
them in the computation of numbers; and it is admitted, that,
if the laws were to restore the rights which have been taken
away, _the negroes could no longer be refused an equal share of
representation with the other inhabitants_.”[233]

This testimony is as decisive as it is authentic. Consider that it was given in explanation and vindication of the Constitution. Consider that the Constitution was commended for adoption by the assertion, that, on the termination of Slavery, “the negroes could no longer be refused an _equal share_ of representation with the other inhabitants.” In the face of this assurance, how can it be now insisted, that, under the simple power to regulate the suffrage, a State may deny to a whole race that “equal share of representation” which was promised? Thus from every quarter we are brought to the same inevitable conclusion.

Therefore I dismiss the pretension founded on the power to make _regulations_, as I dismiss that other founded on the power to determine _qualifications_. Each proceeds on a radical misconception. Admit that a State may determine _qualifications_; admit that a State may make _regulations_; it cannot follow, by any rule of logic or law, that, under these powers, either or both, it may disfranchise a race. The pretension is too lofty. No such enormous prerogative can be wrung out of any such moderate power. As well say, that, because a constable or policeman may keep order in a city, therefore he may inflict the penalty of death,--or, because a father may impose proper restraint upon a child, therefore he may sell him into slavery. We have read of an effort to extract sunbeams out of cucumbers; but the present effort to extract a cruel prerogative out of the simple words of the Constitution is scarcely less absurd.

* * * * *

I conclude as I began, in favor of requiring conditions from States on their admission into the Nation; and I insist that it is our especial duty, in every possible way, by compact and by enactment, to assure among these conditions the Equal Rights of All, and the participation of every citizen in the government over him, without which the State cannot be republican. For the present I confine myself to the question of conditions on the admission of States, without considering the broader obligation of Congress to make Equal Rights coextensive with the Nation, and thus to harmonize our institutions with the principles of the Declaration of Independence. That other question I leave to another occasion.

Meanwhile I protest against the false glosses originally fastened upon the Constitution by Slavery, and, now continued, often in unconsciousness of their origin, perverting it to the vilest uses of tyranny. I protest against that exaggeration of pretension which out of a power to make “regulations” and to determine “qualifications” can derive an unrepublican prerogative. I protest against that pretension which would make the asserted Equality of States the cover for a denial of the Equality of Men. The one is an artificial rule, relating to artificial bodies; the other is a natural rule, relating to natural bodies. The one is little more than a legal fiction; the other is a truth of Nature. Here is a distinction which Alexander Hamilton recognized, when, in the debates of the Convention, he nobly said:--

“As States are a collection of individual men, which ought we
to respect most,--the rights of the people composing them,
or of the artificial beings resulting from the composition?
Nothing could be more preposterous or absurd than to sacrifice
the former to the latter.”[234]

High above States, as high above men, are those commanding principles which cannot be denied with impunity. They will be found in the Declaration of Independence, expressed so clearly that all can read them. Though few, they are mighty. There is no humility in bending to their behests. As man rises in the scale of being while walking in obedience to the Divine will, so is a State elevated by obedience to these everlasting truths. Nor can we look for harmony in our country until these principles bear unquestioned sway, without any interdict from the States. That unity for which the Nation longs, with peace and reconciliation in its train, can be assured only through the Equal Rights of All, proclaimed by the Nation everywhere within its limits, and maintained by the national arm. Then will the Constitution be filled and inspired by the Declaration of Independence, so that the two shall be one, with a common life, a common authority, and a common glory.

ELIGIBILITY OF A COLORED CITIZEN TO CONGRESS.

LETTER TO AN INQUIRER AT NORFOLK, VA., JUNE 22, 1868.

This letter appeared in a Richmond paper.

SENATE CHAMBER, June 22, 1868.

DEAR SIR,--I have your letter of the 18th, in reference to the
eligibility of a colored man to Congress.

I know of no ground on which he could be excluded from his seat,
if duly elected; and I should welcome the election of a competent
representative of the colored race to either House of Congress as
a final triumph of the cause of Equal Rights. Until this step is
taken, our success is incomplete.

Yours truly,

CHARLES SUMNER.

INDEPENDENCE, AND THOSE WHO SAVED THE ORIGINAL WORK.

LETTER ON THE SOLDIERS’ MONUMENT AT NORTH WEYMOUTH, MASS., JULY 2, 1868.

SENATE CHAMBER, July 2, 1868.

MY DEAR SIR,--I wish that I could take part in the interesting
ceremonies to which you invite me; but my duties will keep me
here.

On the anniversary of the birth of our Nation you will
commemorate the death of patriots who gave their lives that the
Nation might live. Grateful to our fathers, who at the beginning
did so much, we owe an equal debt to those who saved the original
work.

The monument which you rear will be national in its character.
Dedicated on the anniversary of Independence, it will have for
its special object to guard forever the memory of those through
whom the first fruits of Independence have been secured.

Our fathers established the National Independence; our recent
heroes have made it perpetual through those vital principles
which can never die. Honor to the fathers! Honor also to the
sons, worthy of the fathers!

Accept my best wishes; believe me, my dear Sir, very faithfully
yours,

CHARLES SUMNER.

GEN. B. F. PRATT.

COLORED SENATORS,--THEIR IMPORTANCE IN SETTLING THE QUESTION OF EQUAL RIGHTS.

LETTER TO AN INQUIRER IN SOUTH CAROLINA, JULY 3, 1868.

The following letter, from a South Carolina paper, is one of
many in the same sense which found its way to the public.

SENATE CHAMBER, July 3, 1868.

DEAR SIR,--I have never given any opinion in regard to the
Senatorial question in your State, except to express regret that
the golden opportunity should be lost of making a colored citizen
Senator from South Carolina.

Such a Senator, if competent, would be a powerful support to the
cause of Equal Rights. His presence alone would be a constant
testimony and argument. Nothing could do so much to settle the
question of Equal Rights forever in the United States. The howl
against the negro, which is sometimes heard in the Senate, would
cease. A colored Senator would be as good as a Constitutional
Amendment, making all backward steps impossible.

I write now frankly, in reply to your inquiry, and without any
purpose of interfering in your election. You will pardon my
anxiety for the cause I have so much at heart.

Accept my best wishes, and believe me, dear Sir, faithfully yours,

CHARLES SUMNER.

To THADDEUS K. SASPORTAS, Esq., Columbia, S. C.

FINANCIAL RECONSTRUCTION THROUGH PUBLIC FAITH AND SPECIE PAYMENTS.

SPEECH IN THE SENATE, ON THE BILL TO FUND THE NATIONAL DEBT, JULY 11, 1868.

We denounce all forms of Repudiation as a national crime
[_prolonged cheers_]; and the national honor requires the
payment of the public indebtedness, _in the utmost good faith_,
to all creditors, at home and abroad, _not only according to
the letter, but to the spirit of the laws under which it was
contracted_. [_Applause._]--CHICAGO PLATFORM, May, 1868.

* * * * *

Fundamentum est autem justitiæ fides, id est, dictorum
conventorumque constantia et veritas.--CICERO, _De Officiis_,
Lib. I. Cap. 7.

SPEECH.

The Senate having under consideration the Bill for funding the
National Debt and for the Conversion of the Notes of the United
States, Mr. Sumner said:--

MR. PRESIDENT,--After a tempest sweeping sea and land, strewing the coast with wrecks, and tumbling houses to the ground, Nature must become propitious before the energy of man can repair the various losses. Time must intervene. At last ships are launched again, and houses are built, in larger numbers and fairer forms than before. A tempest has swept over us, scourging in every direction; and now that its violence has ceased, we are occupied in the work of restoration. Nature is already propitious, and time, too, is silently preparing the way, while the national energies are applied to the work.

To know what to do, we must comprehend the actual condition of things, and how it was brought about. All this is easy to see, if we will only look.

* * * * *

It is a mistake of too constant occurrence to treat the financial question by itself, without considering its dependence upon the abnormal condition through which the country has passed. The financial question, in all its branches, depends upon the political, and cannot be separated. I might use stronger language. It is a part of the political question; and now that Reconstruction seems about to be accomplished, it is that enduring part which still remains.

* * * * *

Our present responsibilities, whether political or financial, have a common origin in that vast Rebellion, when the people of eleven States, maddened by Slavery, rose against the Nation. As the Rebellion was without example in its declared object, so it was without example in the extent and intensity of its operations. It sought nothing less than the dismemberment of our Nation and the establishment of a new power with Slavery as its quickening principle. The desperate means enlisted by such a cause could be encountered only by the most strenuous exertions in the name of Country and of Human Rights. Here was Slavery, barbarous, brutal, vindictive, warring for recognition. The tempest or tornado can typify only feebly the ravage that ensued. There were days of darkness and despair, when the national existence was in peril. Rebel armies menaced the Capitol, and Slavery seemed about to vindicate its wicked supremacy.

Looking at the scene in its political aspects, we behold one class of disorders, and looking at it in its financial aspects, we behold still another,--both together constituting a fearful sum-total, where financial disorder mingles with political. Turn, first, to the political, and you will see States, one after another, renouncing their relations with the Nation, and constituting a new government, under the name of Confederacy, with a new Constitution, making Slavery its corner-stone,--all of which they sought to maintain by arms, while, in aggravation of these perils, Foreign Powers gave ominous signs of speedy recognition and support. Look next to the financial side, and you will see business in some places entirely prostrate, in others suddenly assuming new forms; immense interests destroyed; property annihilated; the whole people turned from the thoughts of peace to the thoughts of war; vast armies set on foot, in which the youthful and strong were changed from producers to destroyers, while life itself was consumed; an unprecedented taxation, commensurate with the unprecedented exigency; and all this followed by the common incidents of war in other countries and times,--first, the creation of a national debt, and, secondly, the substitution of inconvertible paper as a currency. In this catalogue of calamities, political and financial, who shall say which was the worst? Certainly it is difficult to distinguish between them. One grew out of the other, so that they belong together and constitute one group, all derived ultimately from the Rebellion, and directly depending upon it. So long as Slavery continued in arms, each and all waxed in vastness; and now, so long as any of these remain, they testify to this same unnatural crime. The tax-gatherer, taking so much from honest industry, was born of the Rebellion. Inconvertible paper, deranging the business of the country at home and abroad, had the same monstrous birth. Our enormous taxation is only a prolongation of the Rebellion. Every greenback is red with the blood of fellow-citizens.

To repair these calamities, political and financial, the first stage was the overthrow of the Rebellion in the field, thus enabling the Nation to reduce its armaments, to arrest its accumulating debt, and to cease anxiety on account of foreign intervention so constantly menaced. Thus relieved, we were brought to a resting-place, and the Nation found itself in condition to begin the work of restoration.

* * * * *

Foremost came the suppression of Slavery, in which the Rebellion had its origin. Common prudence, to say nothing of common humanity, required this consummation, without which there would have been a short-lived truce only. So great a change necessarily involved other changes, while there was the ever-present duty to obtain from the defeated Rebels, if not indemnity for the past, at least security for the future. It was impossible to stop with the suppression of Slavery. That whole barbarous code of wrong and outrage, whose first article was the denial of all rights to an oppressed race, was grossly inconsistent with the new order of things. It was necessary that it should yield to the Equal Rights of All, promised by the Declaration of Independence. The citizen, lifted from Slavery, must be secured in all his rights, civil and political. Loyal governments, republican in form, must be substituted for Rebel governments. All this being done, the States, thus transformed, will assume once more their ancient relations to the Nation. This is the work of Political Reconstruction, constituting the new stage after the overthrow of the Rebellion.

* * * * *

Meanwhile there has been an effort and a longing for Financial Reconstruction also,--sometimes without sufficiently reflecting that there can be small chance for any success in this direction until after Political Reconstruction. Here also we must follow Nature, and restore by removing the disturbing cause. This is the natural process. Vain all attempt to reconstruct the national finances while the Rebellion was still in arms. This must be obvious to all. Vain also while Slavery still domineered. Vain also while Equal Rights are without a sure defence against the oppressor. Vain also while the Nation still palpitates with its efforts to obtain security for the future. Vain also until the States are all once more harmonious in their native spheres, like the planets, receiving and dispensing light.

Nothing is more sensitive than Credit, which is the essential element of financial restoration. A breath will make it flutter. How can you expect to restore the national credit, now unnaturally sensitive, while the Nation is still uneasy from those Rebel pretensions which have cost so much? Security is the first condition of Financial Reconstruction; and I am at a loss to find any road to it, except through Political Reconstruction. All this seems so plain that I ought to apologize for dwelling on it. And yet there are many, who, while professing a desire for an improvement in our financial condition, perversely turn their backs upon the only means by which this can be accomplished. Never was there equal folly. Language cannot picture it. Every denial of Equal Rights, every impediment to a just reconstruction in conformity with the Declaration of Independence, every pretension of a “white man’s government” in horrid mockery of self-evident truths declared by our fathers, and of that brotherhood of mankind declared by the Sermon on Mars Hill, is a bar to that Financial Reconstruction without which the Rebellion still lingers among us. So long as a dollar of irredeemable paper is forced upon the country, the Rebellion still lives, in its spurious progeny.

Party organization and Presidential antagonism have thus far stood in the way, while at each stage individual perverseness has played its part. The President has set himself obstinately against Political Reconstruction; so also has the Democratic Party; others have followed, according to the prejudices of their nature; and so the national finances have suffered. Not the least of the offences of Andrew Johnson is the adverse influence he has exerted on this question. All that he has done from the beginning has tended to protract the Rebellion and to extend the disorder of our finances. And yet there are many not indifferent to the latter who have looked with indifference upon his criminal conduct. So far as their personal interests depended on an improved condition of the finances, they have already suffered; but it is hard that the country should suffer also. Andrew Johnson has postponed specie payments, and his supporters of all degrees must share the responsibility.

Such is my confidence in the resources of our country, in the industry of its people, and in the grandeur of its destinies, that I cannot doubt the transcendent future. Alas that it should be interrupted by unwise counsels, even for a day! Financial Reconstruction is postponed only. It must come at last. Here I have no panacea that is not as simple as Nature. I know of no device or trick or medicine by which this cure can be accomplished. It will come with the general health of the body politic. It will come with the renovated life of the Nation, when it is once more complete in form, when every part is in sympathy with the whole, and the Rebellion, with all its offspring, is trampled out forever. In such a condition of affairs, inconvertible paper would be an impossibility, as much as a bill of sale for a human being.

* * * * *

Meanwhile there are certain practical points which must not be forgotten. Foremost among these I put the absolute dependence of the national finances upon the faithful performance of all our obligations to the national freedmen. Pardoned Rebels will never look with complacency upon the national debt, or the interest which testifies semiannually to its magnitude. Their political colleagues at the North will be apt to sympathize with them. Should the scales at any time hang doubtful, it is to others that we must turn to adjust the balance. Therefore, for the sake of the national finances, I insist that the national freedmen shall be secured and maintained in Equal Rights, so that local prejudices and party cries shall be unavailing against them. You who have at heart the national credit, on which so much depends, must never fail to cherish the national freedmen, treating their enemies as if they were your enemies. Every blow at them will rebound upon yourselves.

* * * * *

In dealing with the financial question, there are two other points of ever-present importance: first, the necessity of diminishing, so far as practicable, the heavy burden of taxation so oppressive to the people; and, secondly, the necessity of substituting specie for inconvertible paper. Here are two objects, which, when accomplished, will add infinitely to the wealth and happiness of the country, besides being the assurance that the Nation has at last reached that condition of repose so much longed for.

Before considering these two points in detail, I venture to remark that there is one condition, preliminary in character and equally essential to both, through which taxation will be lightened and specie payments will be hastened. I refer to the Public Faith, which must be sacredly preserved above all question or suspicion. The word of our Nation must be as good as its bond; and nobody must attempt to take a tittle from either. Nothing short of universal wreck can justify any such bankruptcy. Let the Public Faith be preserved, and all that you now seek will be easy.

A virtuous king of early Rome dedicated a temple on the Capitol Hill itself to a divinity under the name of _Publica Fides_, who was represented with a wreath of laurel about her head, carrying ears of corn and a basket of fruit,--typical of honor and abundance sure to follow in her footprints. In the same spirit another temple was dedicated to the god Terminus, who presided over boundaries. The stones set up to mark the limits of estates were sacred, and on these very stones there were religious offerings to the god. The heathen maledictions upon the violator were echoed also by the Hebrews, when they said: “Cursed be he that removeth his neighbor’s landmark: and all the people shall say, Amen.”[235] In those early Roman and Hebrew days there was no national debt divided into bonds; there was nothing but land. But a national bond is as well defined as a piece of land. Here, then, is a place for the god Terminus. Every obligation is like a landmark, not to be removed without curses. Here, also, is a place for that other divinity, _Publica Fides_, with laurelled head, and hands filled with corn and fruit.

Public Faith may be seen in the evil which springs from its loss and in the good which overflows from its preservation. It is like honor: and yet, once lost, more than dishonor is the consequence; once assured, more than honor is the reward. It is a possession surpassing all others in value. The gold and silver in your Treasury may be counted; it stands recorded, dollar for dollar, in the national ledger; but the sums which the unsuspected credit of a magnanimous nation can command are beyond the record of any ledger. Public Faith is more than mines of silver or gold. Only from Arabian story can a fit illustration be found, as when, after all human effort had failed, the Genius of the Lamp reared the costly palace and stored it with beauty. Public Faith is in itself a treasury, a tariff, and an internal revenue, all in one. These you may lose; but if the other is preserved, it will be only for a day. The Treasury will be replenished, the tariff will be renewed, the internal revenue will be restored. With Public Faith as an unfailing law, the Nation, like Pactolus, will sweep over golden sands; or, like Midas, it will change into gold whatever it touches. Keep, then, the Public Faith as the “open sesame” to all that you can desire; keep it as you would keep the philosopher’s stone of fable, having which, you have all.

And yet, in the face of this plain commandment, on which hangs so much of all that is most prized in national existence, we are called to break faith. It is proposed to tax the national bonds, in violation of the original bargain on which the money was lent. Sometimes the tax is to be by the Nation, and sometimes by the States. The power to do this wrong you may possess, but the right never. Do what you will, there is one thing you cannot do: you cannot make wrong right. It is in vain that you undertake to set aside the perpetual obligation which you have assumed. Against every such pretension, whether by speech or vote, there is this living duty, which will survive Congress and politician alike. Puny as the hand of a child is the effort to undo this original bargain. The Nation has promised six per cent. interest, payable semiannually in coin, nor more nor less, without any abatement; and then, having bound itself, it proceeds to guard against the States by declaring specifically that the bonds shall be “exempt from taxation by or under State authority.” Such is the bargain. There it is; and it must continue unchanged, except by the consent of the parties, until the laws of the universe tumble into chaos.

The rogue in Shakespeare exclaims, “What a fool Honesty is! and Trust, his sworn brother, a very simple gentleman!” In equal levity it is said, “Tax the bonds,” although, by the original bargain on which the money was obtained, amid the trials of war for the safety of the Nation, it was expressly stipulated that these bonds should not be taxed. Nevertheless, tax the bonds! Of course, by taxing the bonds the bargain is brutally broken,--and this, too, after the Nation has used the money. Such a transaction in common life, except where bankruptcy had supervened, would be intolerable. A proud Nation, justly sensitive to national honor, as the great Republic through whose example liberal institutions are commended to mankind, cannot do this thing.