I cannot doubt that the two contracting parties will approach the whole business in the determination to settle it on the permanent foundations of justice and equity; but the first step in this direction is the notice to terminate the…
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
But nobody is able to show that the general increase of commerce since the treaty has been caused by the treaty.
In this uncertainty, I prefer to rest the proposition on the simple ground that the national revenue is impaired by this treaty.
The national revenue is impaired in two ways: first, at the custom-house on our frontier, which, under the operation of the treaty, yields little or nothing, when it might yield much; and, secondly, it is impaired through the check and…
The conclusion is none the less exact, that the national revenue is impaired.
We must untie ourselves now, even if we would tie ourselves again for the future.
The notice will leave us “master of the situation” to this extent at least, that we shall be free to act according to the requirements of the public good.
Without this notice there will be no foothold for diplomacy or legislation; but the notice will be a foothold from which we may accomplish whatever is proper and just.
That proclamation has done more than any military success to save the country.
The future historian will confess that it saved everything.
In the spirit of the Proclamation, and taught by its example, we must press forward in the work of justice to the colored race, until abuse and outrage have ceased, and all are equal before the law.
The astronomer, Banneker, whose honored name you bear, would be shut out of the street cars in some of our cities; but such petty meanness cannot last long.
Congress must act to the extent of its power, and any neglect of power on this question would be injurious to the public interests.
All will confess the humanity of the proposition to enfranchise the families of colored persons who have borne arms for their country.
All will confess the hardship of continuing them in Slavery.
My answer is, that Congress has precisely the same power to enfranchise the families that it has to enfranchise the colored soldier.
If we are asked the reason for such enfranchisement, it must be found, first, in its practical necessity, that we may secure the best service of the slaves, and, secondly, in its intrinsic justice and humanity.
In brief, Government cannot be so improvident and so foolish as to seek the service of the slave at the hazard of life, without securing to him the boon of freedom.
Nor, if Government were so bereft of common sense as to forego this temptation to enlistment and efficient service, can it be guilty of the unutterable meanness of using the slave in the national defence and then returning him to bondage.
But every argument, every consideration, which pleads for the enfranchisement of the slave, pleads also for the enfranchisement of the family.
There is the same practical necessity for doing it, and the same unspeakable shabbiness in not doing it.
There is no principle of law better established than this, that an acknowledged right carries with it all incidents essential to its exercise.
It would be vain to confer a right or a power, if the means for its enjoyment were denied.
In conferring upon Congress the power to create an army, the Constitution conferred therewith all the powers essential to the exercise of the principal power.
If Congress can authorize the enlistment of slaves, as it indubitably can, it may at the same time authorize their enfranchisement, and by the same reason it may authorize the enfranchisement of their families,--and all this from the…





