It is different, however, with that highest condition of all, that the State shall be republican.
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.
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.
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.
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…
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.
There are none who must not obey it; there can be none who may not claim its advantages.
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.
Color is a physical condition affixed by the God of Nature to a large portion of the human race, and insurmountable in its character.