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…
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.
Nobody dares to praise Slavery; nobody dares to deny the Right of Petition.
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.
The Missouri Act takes up the rule asserted in the Ordinance, and declares that in certain Territories Slavery shall be prohibited forever.
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.
The principal has fallen; why preserve the incident?
The wrong guarded by this pretension has yielded; why should not the pretension yield also?
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.
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.
I doubt if ever before any nation has attempted to deal at once with so large a mass of financial obligations, being nothing less than the whole national debt of the United States.
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.